OF  THE 

UNIVLRSITY 
or  ILLINOIS 

SOS 


v.t 


s. 


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in  2017  with  funding  from 

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THE  WRITINGS 

OF 

JAMES  MONROE 

VOLUME  I. 


778-1794 


Of  this  Letter-press  Edition 
yjo  Copies  ha  ve  been  Printed  for  Sale 


Ju7ie,  i8g8 


OF  THE 

UNfVfRSITY  OF  ILLINOIS 


JAMES  MONROE. 


THE  WRITINGS 


OF 

JAMES  MONROE 


INCLUDING  A COLLECTION  OF  HIS  PUBLIC  AND 
PRIVATE  PAPERS  AND  CORRESPONDENCE 
NOW  FOR  THE  FIRST  TIME  PRINTED 


EDITED  BY 

STANISLAUS  MURRAY  HAMILTON 


“The  cause  of  liberty  has  been  always  a most  interesting  one  to  me. 
It  animated  my  youthful  days  ; it  has  engaged  the  zealous  attention  of  my 
maturer  years,  and  it  will  command  my  best  efforts  in  its  support  so  long 
as  1 shall  be  permitted  to  live.” — Monroe. 


Volume  I. 
1778-1794 


G.  P.  PUTNAM’S  SONS 

NEW  YORK  LONDON 

27  WEST  TWENTY-THIRD  STREET  24  BEDFORD  STREET,  STRAND 

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1898 


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TO 

VIRGINIA 

WHO  GAVE  TO 
OUR  COMMON  COUNTRY 

WASHINGTON— JEFFERSON— MADISON 
AND  MONROE 
THESE  RECORDS  OF  HER  SON 
ARE  DEDICATED 


» O c ')  i '2.1 


CONTENTS  OF  VOLUME  I. 


PAGE 

Introduction  ........  xix 

Annals,  Military  and  Congressional  Record  ; Com- 
mittee Reports  and  Motions  .....  xxvii 

1778. 

To  General  Washington,  Monmouth,  June  28th  . i 

Reconnaissance  on  battle-field. 

1780. 

To  General  Charles  Lee,  Aylett’s  Warehouse,  June 


15th 2 

Military  appointment — Disappointment — Retirement. 

To  the  Governor  of  Virginia,  Cross  Creek,  June  26th,  3 

Military  information  from  the  South. 

To  Thomas  Jefferson,  Richmond,  September  9th  . 8 

Jefferson’s  influence. 

1781. 

To  Thomas  Jefferson,  Fredericksburg,  June  i8th  . ii 

Invasion  by  the  enemy — Intention  to  enter  the  army. 

To  Thomas  Jefferson,  Caroline,  October  ist  . . 12 


Efforts  to  obtain  military  appointment — Plans  to  go  abroad 
— I.aw  studies. 


1782. 

To  Thomas  Jefferson,  Richmond,  May  6th  . . 15 

Election  to  the  Virginia  Assembly. 

vii 


CONTENTS  OF  VOLUME  /. 


viii 


PAGE 

To  Thomas  Jefferson,  Richmond,  May  nth  . . 15 

Opinion  against  Jefferson’s  withdrawal  from  public  life. 

To  Thomas  Jefferson,  Richmond,  June  28th  . . 17 

Mrs.  Jefferson’s  illness — Appointment  in  Council. 

To  General  Washington,  Richmond,  August  15th  . 19 

In  acknowledgment  of  Washington’s  interest. 


1783- 

To  Thomas  Jefferson,  Richmond,  February  8th  . 22 

Cipher  of  men  and  places — Indecision  as  to  going  abroad. 

To  Richard  Henry  Lee,  Annapolis,  December  i6th  . 22 

Election  to  Congress — Questions  before  it. 


1784. 

To  Thomas  Jefferson,  Annapolis,  May  14th 

Western  posts. 

To  Thomas  Jefferson,  Annapolis,  May  20th 

Qualifications  of  Rhode  Island  candidates. 

To  Thomas  Jefferson,  Annapolis,  May  25th 

Proceedings  in  Congress — Private  affairs. 

To  Thomas  Jefferson,  Annapolis,  June  ist 

Congressional  committees — Visit  to  Western  country;  West- 
ern posts. 

To  Thomas  Jefferson,  King  George,  July  20th 

Cipher — Proceedings  of  Virginia  Legislature  — European 
usage  in  regulation  of  commerce — Proj'ected  trip  to  the  West. 

To  Thomas  Jefferson,  New  York,  August  9th  . 

Western  trip — Canada  and  the  Northeast. 

To  Governor  Benjamin  Harrison,  Trenton,  October 
30th 

Measures  of  British  government  on  retention  of  posts. 

To  Thomas  Jefferson,  Trenton,  November  ist  . 

Account  of  tour — Canadian  products — Question  of  free  inter- 
course. 

To  James  Madison,  Trenton,  November  7th 

Cipher — No  quorum. 


24 

26 

29 

31 


35 

38 


39 

40 


46 


CONTENTS  OF  VOLUME  I. 

ix 

PAGE 

To  James  Madison,  Trenton,  November  15th  . . 46 

Federal  and  State  Indian  commissioners  at  variance — Differ- 
ences with  Great  Britain — Removal  of  Congress. 

To  James  Madison,  Trenton,  December  6th  . . 50 

Representation  of  the  States — John  Jay  and  office  of  foreign 
affairs — Spain  and  the  Mississippi. 

To  James  Madison,  Trenton,  December  14th  . . 51 

Appointment  of  Minister  to  Great  Britain — Franklin’s  desire 
to  return — Impost — Interstate  commerce. 

To  Thomas  Jefferson,  Trenton,  December  14th  . 53 

Commercial  intercourse  with  Canada — Delegates  to  Congress 
— Reception  of  Lafayette — Affairs  with  Great  Britain  and 
Spain — Regulation  of  commerce  by  Congress — Promise  of 
great  good  to  the  Union. 

To  James  Madison,  Trenton,  December  i8th  . . 56 

Spain  and  the  Mississippi — Appointment  of  Minister  dis- 
cussed— Nominations  for  the  Treasury — Investment  of  Congress 
with  power  to  regulate  commerce. 

1785. 

To  James  Madison,  New  York,  February  ist  . . 6o 

Franklin’s  successor — Commissioners  of  the  Treasury — John 
Jay  on  his  duties — Mercer’s  nomination  withdrawn. 

To  James  Madison,  New  York,  March  6th  . . 63 

Appointment  of  John  Adams — European  affairs  from  Jeffer- 
son— Court  to  determine  Massachusetts  and  New  York  bound- 
ary ; place  of  meeting. 

To  Thomas  Jefferson,  New  York,  April  12th  . . 67 

Free  commercial  intercourse  with  Canada — Ninth  Article  of 
the  Confederation — Commercial  treaties — Barbary  States — M. 

Gardoqui — Public  lands — Treaty  of  Fort  Stanwix. 

To  James  Madison,  New  York,  May  — . . . 75 

Appointments  and  nominations — Protection  of  frontier  settle- 
ments— Public  lands — Indian  treaties — Dutch  loans — Domestic 
debt — Ratification  of  the  impost  by  States. 

To  John  Jay,  New  York,  June  2d  ....  79 

American  citizens  held  as  prisoners. 


X 


CONTENTS  OF  VOL  UME  1. 


To  Thomas  Jefferson,  New  York,  June  i6th 

Report  on  the  first  paragraph  of  the  Ninth  Article  of  the 
Confederation  : absolute  investment  of  Congress  with  the  reg- 
ulation and  control  of  commerce — Revenue — Foreign  and 
domestic  debt — Territorial  cession  by  North  Carolina — Rob- 
bery of  Mr.  Mazzei. 

To  James  Madison,  New  York,  July  I2th 

State  debts  and  requisitions  of  commissaries,  quartermasters, 
etc. — Individual  claims — Arrival  of  Don  Diego  de  Gardoqui — 
Suggests  a trip  to  attend  Indian  Treaty  on  the  Ohio. 

To  Thomas  Jefferson,  New  York,  July  15th 

Mr.  and  Mrs.  Macauley  Graham — Report  on  treaty  with 
Western  Indians — Ninth  Article  of  Confederation — Proposed 
visit  to  the  Ohio — Presentation  of  Don  Diego  de  Gardoqui. 

To  James  Madison,  New  York,  July  26th  . 

Ninth  Article  : proposition  to  invest  Congress  with  power  to 
regulate  trade  externally  and  internally — Arrival  and  presenta- 
tion of  Adams — Gardoqui  and  his  mission — Treatise  on  port 
bill  by  Mazzei. 

To  James  Madison,  New  York,  August  14th 

Proposed  trip — Requisition  bill — State  debts — Navigation 
act. 

To  Thomas  Jefferson,  New  York,  August  15th 

Power  of  Congress  to  regulate  commerce — Navigation  act — 
Mr.  Adams’s  mission — Lee  elected  to  Board  of  Treasury — Min- 
ister from  France  expected. 

To  Thomas  Jefferson,  New  York,  August  25th 

Immediate  departure  for  the  Ohio — Non-action  of  Congress 
on  two  commercial  propositions — Question  as  to  policy  of  sep- 
aration by  Kentucky. 

To  James  Madison,  New  York,  December  19th 

Expected  arrival  of  Mr.  Hancock — Virginia’s  response  to  the 
Requisition — Opinion  of  members  on  the  present  Confederacy. 

To  James  Madison,  New  York,  December  26th  . 

Expediency  of  regulation  of  trade  by  Congress — Monopoly 
of  trade  in  the  Mediterranean  by  France,  Great  Britain,  and 
Holland — Controversy  between  Mr.  Jay  and  Mr.  Littlepage. 


PAGE 

80 

90 

95 

97 

100 

103 

107 

108 

109 


CONTENTS  OF  VOLUME  I.  xi 


1786. 

PAGE 

To  Thomas  Jefferson,  New  York,  January  19th  . 112 

Western  trip — Mr.  Otto — Barbary  depredations — Views  on 
commercial  treaties  and  powers  of  Congress  to  control  trade — 

Cession  of  Western  lands. 

To  James  Madison,  New  York,  February  9th  . . 120 

Impost — Lands  on  the  Mohawk. 

To  James  Madison,  New  York,  February  nth  . . 122 

Impost — Approaching  marriage. 

To  James  Madison,  New  York,  March  19th  . . 123 

New  Jersey’s  objection  to  the  impost — Acts  of  Rhode  Island 
and  Georgia — Marriage. 

To  Thomas  Jefferson,  New  York,  May  nth  . . 125 

Agreement  of  States  to  the  revenue  system — Western  and 
Southern  Indian  treaties — Plan  for  temporary  governments  of 
new  Territories — Ratification  of  treaty  with  Russia — Marriage 
— French  King’s  edict  to  encourage  fisheries. 

To  Richard  Henry  Lee,  New  York,  May  24th  . 129 

Mr.  Adams’s  despatches — Connecticut’s  proposition  to  cede 
territory — Connecticut  and  Pennsylvania. 

To  James  Madison,  New  York,  May  31st  . . . 131 

Jay — Gardoqui — Navigation  of  the  Mississippi — Pettit — King 
— Expenses  of  Lord  Dunmore’s  expedition — Virginia  accounts. 

To  Thomas  Jefferson,  New  York,  June  i6th  . . 136 

Connecticut’s  cession  of  territory — Free  navigation  of  the 
Mississippi. 

To  James  Madison,  New  York,  July  15th  . . 139 

Purchase  of  land. 

To  Thomas  Jefferson,  New  York,  July  i6th  . . 140 

Admission  of  new  States — Jay  and  the  Mississippi — Practice 
of  law  in  Fredericksburg. 

To  James  Madison,  New  York,  August  loth  . . 143 

Jay’s  proposition  respecting  the  Mississippi. 

To  Patrick  Henry,  New  York,  August  12th  . . 144 

Free  navigation  of  the  Mississippi — Proposed  commercial 
treaty  with  Spain — Question  of  dismemberment  of  States  east 
of  the  Hudson. 


CONTENTS  OF  VOL  UME  I. 


xii 


PAGE 

To  James  Madison,  New  York,  August  14th  . . 15 1 

Negotiations  with  Spain. 

To  Thomas  Jefferson,  New  York,  August  19th  . 153 

Negotiations  with  Spain — Basis  of  commercial  treaty — Action 
of  States  respecting  impost. 

To  James  Madison,  New  York,  August  30th  . . 158 

Proceedings  in  Congress  respecting  the  Mississippi. 

To  James  Madison,  New  York,  September  ist  . . 159 

Committee  to  attend  Pennsylvania  Assembly. 

To  James  Madison,  New  York,  September  3d  . . 160 

Design  of  Eastern  States  to  dismember  the  Union. 

To  James  Madison,  Philadelphia,  September  12th  . 163 

Pennsylvania  and  the  proposition  of  separation  of  the  impost 
from  supplementary  funds — Colonel  Grayson’s  illness. 

To  James  Madison,  New  York,  September  29th  . 166 

The  Lees  favor  Jay’s  project. 

To  Thomas  Jefferson,  New  York,  October  12th  . 167 

Navigation  of  the  Mississippi — Intention  to  reside  in  Fred- 
ericksburg, 

To  James  Madison,  Spring  Hill,  December  i6th  . 170 

Financial  affairs. 

1787. 

To  James  Madison,  Fredericksburg,  May  23d  . . 171 

The  Constitutional  Convention — Financial  affairs. 

To  Thomas  Jefferson,  Fredericksburg,  July  27th  . 172 

Residence  and  business — Birth  of  a daughter — Constitutional 
Convention — Prospects  and  intentions. 

To  James  Madison,  Richmond,  October  13th  . . 175  _ 

Conjectures  as  to  action  of  Virginia  Legislature  respecting  the 
Constitution — Financial  affairs. 

To  James  Madison,  Richmond,  December  6th  . . 178 

Pay  of  Virginia  delegates  to  the  Constitutional  Convention — 

British  debt — Mason  and  Henry. 


CONTENTS  OF  VOLUME  I. 


xiii 


1788. 

PAGE 

To  James  Madison,  Fredericksburg,  February  7th  . 180 

Revenue  act  and  resolution  respecting  cession — Attitude  of 
States  towards  the  Constitution. 

To  Thomas  Jefferson,  Richmond,  April  loth  . . 181 

Acts  of  Assembly  respecting  the  revenue  and  judiciary  depart- 
ments— Virginia  courts — Conjectures  as  to  adoption  of  the 
Constitution. 

To  Thomas  Jefferson,  Fredericksburg,  July  12th  . 184 

Proceedings  of  the  Virginia  Constitutional  Convention — 

Opinion  of  General  Washington — Sends  a copy  of  “Observa- 
tions” for  Jefferson’s  perusal  and  comment  on  it  [see  Appendix 
I.] — Remonstrances  of  judges  on  the  district  court  law. 

To  James  Madison,  Fredericksburg,  September  24th,  192 

Propriety  of  yielding  to  majority  in  locating  permanent  seat 
of  government — Lottery  drawing. 

To  James  Madison,  Richmond,  October  26th  . . 194 

Approves  of  action  in  Congress  respecting  the  Mississippi — 

Purchase  of  land  at  Charlottesville. 

To  James  Madison,  Richmond,  November  22d  . . 196 

Questions  right  of  the  Judiciary  to  declare  a law  unconstitu- 
tional and  void — Revenue  laws. 

1789. 

To  Thomas  Jefferson,  Fredericksburg,  February  15th,  197 

Measures  for  organizing  new  government — Purchase  of  land. 

To  James  Madison,  Fredericksburg,  April  26th  . 200 

Legislature  in  session — Lottery  drawing. 

To  James  Madison,  Richmond,  June  15th  . . 202 

Jefferson’s  expected  return — Trip  to  Philadelphia  abandoned 
— Removal  to  Albemarle. 

To  James  Madison,  Fredericksburg,  July  19th  . . 203 

Passage  of  tonnage  and  impost  bills — Conduct  of  England 
and  France — Speculation  in  Mohawk  lands — Madison  draws 
small  prize  in  lottery. 

To  James  Madison,  Fredericksburg,  August  12th  . 205 

Difficulties  apprehended  in  regard  to  judiciary  bill. 


XIV 


CONTENTS  OF  VOLUME  I. 


I 790- 

page 

To  James  Madison,  Richmond,  March  5th  . . 206 

Financial  affairs — Jefferson  in  Richmond  ; marriage  of  his 
daughter — Measures  in  House  of  Representatives  respecting 
public  debt. 

To  Thomas  Jefferson,  Fredericksburg,  June  7th  . 207 

Introducing  Mr.  Garnett. 

To  James  Madison,  Richmond,  July  2d  . . . 208 

Recommending  John  Dawson  for  commissioner  for  settling 
accounts  of  the  United  States  with  individual  States. 

To  Thomas  Jefferson,  Richmond,  July  3d  . . 209 

General  dislike  to  assumption  of  State  debts — Hopes  for 
establishment  of  permanent  seat  of  government  on  the  Potomac 
— Recommends  John  Dawson. 

To  Thomas  Jefferson,  Albemarle,  July  i8th  . . 21 1 

Impolicy  of  assuming  the  State  debts  without  their  consent — 

On  establishment  of  a permanent  seat  of  government. 

To  James  Madison,  Charlottesville,  July  25th  . . 214 

Assumption  of  State  debts — T emporary  and  permanent  seat 
of  government. 

To  Thomas  Jefferson,  Charlottesville,  July  26th  . 216 

Approval  of  decision  on  seat  of  government. 

To  Thomas  Jefferson,  Richmond,  October  20th  . 217 

Candidacy  for  the  Senate. 

To  Thomas  Jefferson,  Richmond,  October  22d  . 218 

Candidacy  for  the  Senate — Other  candidates. 

To  Thomas  Jefferson,  Fredericksburg,  November 

26th ...  219 

Arrangement  of  private  business — Departure  for  and  residence 
in  Philadelphia. 

To  Thomas  Jefferson,  Philadelphia,  December  15th  . 220 

Recommending  Dr.  Mortimer’s  son. 

1791. 

To  Thomas  Jefferson,  Philadelphia,  January  17th  . 221 

Requests  an  answer  to  his  recommendation  of  Mr.  Mortimer. 


CONTENTS  OF  VOLUME  I. 


XV 


To  Thomas  Jefferson,  Charlottesville,  March  29th 

Annoyance  at  his  brother’s  marriage. 

To  Thomas  Jefferson,  Richmond,  June  17th 

Acknowledges  Paine’s  pamphlet — Expectation  of  settling  in 
Albemarle — Harmony  with  Jefferson  on  political  subjects — 
Appointment  to  committee  for  revision  of  laws  of  Virginia. 

To  Thomas  Jefferson,  Williamsburg,  July  25th  . 

Proceedings  of  committee  for  revision  of  laws  of  Virginia. 

1792. 

To  Thomas  Jefferson,  Philadelphia,  April  2d 

Mr.  Dawson’s  desire  for  office  as  director  of  the  mint. 

To  Thomas  Jefferson,  Philadelphia,  April  nth 

Army  nominations. 

To  Thomas  Jefferson,  Philadelphia,  May  ist  . 

Mitchel  vs.  Wallis — Action  of  courts  in  suits  of  British 
subjects. 

To  Thomas  Jefferson,  Richmond,  June  17th 

Practice  of  law  and  public  service  incompatible — Appoint- 
ment of  Morris  and  Wayne  reprobated — General  dislike  of  ex- 
cise and  impost. 

To  James  Madison,  Albemarle,  June  27th 

Attends  meeting  of  committee — His  farm — Clinton’s  election 
— Disaffection  at  Richmond — Excise  tax. 

To  Thomas  Jefferson,  Williamsburg,  July  17th 

New  York  elections — Estimate  of  Clinton — Future  Govern- 
ment and  America — Republican  party — Professor  Bracken  and 
Mr.  Henderson. 

To  James  Madison,  Albemarle,  September  i8th 

Packet  to  Dunlap  for  publication — Hamilton  and  his  measures 
present  a field  open  for  a general  discussion. 

To  James  Madison,  Fredericksburg,  October  9th 

Candidates  for  Vice-Presidency — Burr  to  be  substituted  for 
Clinton — Opinion  of  Burr’s  availability — Hamilton’s  attacks  on 
Jefferson — Burr  rather  than  Adams. 

To  Thomas  Jefferson,  Fredericksburg,  October  i6th. 

Death  of  George  Mason — Lee’s  withdrawal  from  the  Senate 
— His  own  nomination. 


PAGE 

221 

223 

224 

227 

227 

228 

230 

233 

236 

240 

242 

245 


XVI 


CONTENTS  OF  VOLUME  /. 


PAGE 

To  Thomas  Jefferson,  Philadelphia,  November  2ist  . 247 

Committee  on  weights  and  measures — Mr.  Rittenhouse’s  ex- 
periment of  the  rod. 

1793- 

To  Thomas  Jefferson,  Philadelphia,  January  3d  . 247 

Consul  at  St.  Croix — Durant’s  name  proposed. 

To  Thomas  Jefferson,  Philadelphia,  January  14th  . 248 

Suspension  of  payments  to  France. 

To  Thomas  Jefferson,  Philadelphia,  January  30th  . 248 

Mr.  Gunn,  Major  Butler,  and  Hamilton. 

To  Thomas  Jefferson,  Baltimore,  March  22d  . . 249 

John  Cleves  Symes. 

To  Thomas  Jefferson,  Fredericksburg,  March  27th  . 249 

Virginia  elections. 

To  Thomas  Jefferson,  Fredericksburg,  May  8th  . 250 

Barret  vs.  Jefferson  in  Virginia  courts — French  Revolution 
generally  approved — Lafayette — Execution  of  the  king. 

To  James  Madison,  Albemarle,  May  i8th  . . . 254 

John  Taylor,  of  Caroline — William  B.  Giles — Josiah  Parker. 

To  Thomas  Jefferson,  Albemarle,  May  23d  . . 255 

Robert  Gamble. 

To  Thomas  Jefferson,  Albemarle,  May  28th  . . 256 

American  sentiment  on  French  Revolution — Our  neutrality — 

Views  on  neutral  rights. 

To  Thomas  Jefferson,  Albemarle,  June  27th  . . 261 

President’s  neutrality  proclamation — Negotiations  in  Spain. 

To  Thomas  Jefferson,  Richmond,  July  23d  . . 267 

Possibilities  of  war  with  Spain — Avoidance  of  war. 

To  Thomas  Jefferson,  Albemarle,  August  21st  . . 270 

Errors  of  Genet  vs.  those  of  the  Administration. 

To  John  Brackenridge,  Albemarle,  August  23d  . 272 

Kentucky  ; congratulatory — Genet. 

To  Thomas  Jefferson,  Staunton,  September  3d  . . 273 

Relations  with  France — Objects  of  Federal  party. 

To  James  Madison,  Albemarle,  September  25th  . 276 

Local  politics  in  Staunton. 


CONTENTS  OF  VOLUME  /. 


xvii 


To  Thomas  Jefferson, October  14th 

Proceedings  of  Virginia  Assembly. 

To  Thomas  Jefferson,  Philadelphia,  December  4th 

Charges  against  Genet, 


1794. 

To  James  Madison,  New  York,  February  8th  . 

Mr.  Kortright’s  state  of  health — Sentiments  of  the  people 
friendly  to  France  and  inimical  to  Great  Britain. 

To  Thomas  Jefferson,  Philadelphia,  March  3d  . 

Jefferson’s  retirement — Gallatin’s  citizenship — Putnam’s  In- 
dian treaty — Arrival  and  reception  of  Fauchet. 

To  Thomas  Jefferson,  Philadelphia,  March  i6th 

Commerce  of  the  United  States,  Madison’s  resolutions  rela- 
tive to — Provisional  troops  against  invasion — Order  of  the  Cin- 
cinnati— Proposed  embargo — Mission  to  England. 

To  Thomas  Jefferson,  Philadelphia,  March  26th 

Jefferson’s  correspondence  with  Hammond. 

To  Thomas  Jefferson,  Philadelphia,  March  31st 

Embargo — Militia — Envoy  to  England — Hamilton,  Jay,  and 
King. 

To  Thomas  Jefferson,  Philadelphia,  April  2d 

Committee  on  revenue — Land  tax — Election  of  James  Ross 
as  Senator. 

To  General  Washington,  Philadelphia,  April  8th 

Rumor  of  Hamilton’s  appointment — Protest. 

To  Thomas  Jefferson,  Philadelphia,  May  4th 

Action  of  Senate  on  non-importation — Jay’s  nomination — 
Morris’s  recall — Mission  to  France. 

To  Thomas  Jefferson,  Philadelphia,  May  26th  . 

Situation  on  the  Miami — Increase  of  military  force — Living- 
ston and  Burr — Mission  to  France. 

To  James  Madison,  Philadelphia,  May  26th 

Offer  of  Mission  to  France — Madison’s  approbation. 

To  Thomas  Jefferson,  Philadelphia,  May  27th  . 

Mission  to  France — Answer  to  President — Nomination — De- 
parture. 


PAGE 

278 

279 

280 

280 

285 

289 

290 

290 

291 

292 

296 

299 

299 


xviii  CONTENTS  OF  VOLUME  I. 


PAGE 

To  General  Washington,  Philadelphia,  June  ist  . 301 

Mission  to  France — Acceptance. 

To  Thomas  Jefferson,  Philadelphia,  June  6th  . . 302 

Departure. 

APPENDICES. 

Some  Observations  on  the  Constitution,  &c.  . . 307 

Observations  upon  the  proposed  plan  of  Federal 
Government,  with  an  attempt  to  answer  some  of 
the  principal  objections  that  have  been  made  to  it. 

By  a Native  of  Virginia 349 


INTRODUCTION. 


Plain,  practical,  didactic, — a man  of  action,  not  of  words, — he  was  efficient 
and  potential  in  wondrous  works  of  usefulness,  and  the  thousands  a thousand- 
fold more  brilliantly  illumed  by  genius  were  not  half  so  successful  by  force  of 
good  common  sense  and  the  inspiration  of  a good  earnest  purpose. — Henry  A. 
Wise. 


Of  the  writings  of  our  statesmen  none  possess  a 
more  timely  interest  and  value  to  the  student  of 
American  history  than  those  of  James  Monroe.  More 
than  fifty  years’  public  service  connect  him  with  the 
most  important  and  vital  interests  of  our  country. 
The  industry  and  success  with  which  in  the  Congress 
of  the  Confederation,  and  subsequently,  he  contrib- 
uted to  the  vindication  of  our  national  right  to  the 
navigation  of  the  Mississippi,  and,  sensible  of  the  in- 
competency of  the  powers  of  Congress  under  the 
Confederation,  introduced  his  resolution  urging  the 
several  States  to  vest  that  body  with  power  to  regu- 
late commerce, — the  first  step  towards  the  convention 
at  Annapolis,  leading  to  that  of  Philadelphia  and  to 
the  adoption  of  our  present  Constitution, — would 
alone  render  his  services  conspicuous  and  endear  his 
life  and  memory  to  his  countrymen. 

His  career  as  a soldier  in  the  war  of  the  Revolution 
was  useful  and  gallant.  Brandywine,  Germantown, 
Monmouth,  and  Valley  Forge  form  a roll  of  honor 


XIX 


XX 


INTRO  D UCTION 


for  the  youthful  student  of  William  and  Mary  College. 
H is  civil  career  began  as  a legislator  of  his  native 
State  from  the  county  of  King  George,  and  as  a 
member  of  the  executive  council  of  Virginia  ; at 
twenty-four  Jefferson’s  colleague  in  Congress;  later 
Senator  from  Virginia;  then  Minister  to  France — 
when  the  disturbing  causes  of  the  French  Revolution 
had  disjointed  everything  in  the  Old  World,  and  at  a 
time  when  that  post  could  only  have  been  filled  by  a 
man  of  experience,  ability,  and  courage.  It  was  an- 
ticipated that  he  would  inspire  the  rulers  of  France 
with  a confidence  that  he  would  not  intrigue  with  the 
neighboring  Powers,  and  it  was  hoped  that  he  might, 
therefore,  preserve  in  the  French  Government  a 
friendly  disposition  towards  the  United  States.  It 
was  the  duty  of  James  Monroe,  as  an  honest  man,  to 
be  faithful  to  his  principles.  He  was  so,  even  though  it 
brought  on  him  censure  from  Pickering,  then  Secretary 
of  State,  and  that  censure  could  not  have  failed  to  wound 
him  deeply,  as  it  came  with  the  sanction  of  Washing- 
ton, a man  whom  he  had  so  long  venerated,  and  under 
whom  he  had  fought  in  his  youthful  days.  But  the 
views  that  he  had  so  long  cherished  could  not  be  aban- 
doned, even  though  their  maintenance  brought  him 
later  on  into  opposition  to  the  illustrious  Washington. 

As  Governor  of  Virginia  his  administration  was  dil- 
igent, active,  and  useful.  He  was  elected  a second 
time  with  an  increased  majority,  and  so  general  was 
the  satisfaction  afforded  by  his  administration  that  he 
received,  at  its  close,  a unanimous  vote  of  thanks  from 
both  branches  of  the  Legislature. 

Immediately  after  Monroe’s  term  in  the  govern- 


IN  TROD  UCTION. 


XXI 


ment  of  Virginia  had  expired,  he  was  appointed,  by 
the  President  of  the  United  States,  to  a trust  of  the 
highest  importance  to  the  nation.  The  Spanish  Gov- 
ernment had  suppressed  the  right  of  deposit  at  New 
Orleans  stipulated  by  the  Treaty  of  1 795  ; a vital  blow 
at  the  prosperity  of  a vast  and  fertile  portion  of  our 
country  that  excited  a ferment  among  our  Western 
brethren,  and  was  felt  in  every  quarter  of  the  Union. 
This  suppression  was  effected  in  a way  which  indi- 
cated a disposition  to  resort,  if  necessary,  to  force. 
Spain,  it  was  known,  had  ceded  Louisiana  to  France, — 
and  it  was,  therefore,  to  be  inferred  that  the  French 
Government  had  instigated  the  measure.  President 
Jefferson  considered  Monroe  the  fittest  person  in  the 
United  States  for  a mission  whose  object  was  to  ac- 
commodate this  difference.  Monroe  had  from  the 
beginning  supported  the  right  of  the  United  States 
to  the  navigation  of  the  Mississippi.  He  possessed 
in  the  highest  degree  the  confidence  of  the  Western 
people.  Jefferson  therefore  appointed  him  to  act  in 
conjunction  with  Livingston  and  Pinckney.  The 
mission  to  France  was  a complete  success.  A short 
time  after  his  arrival  the  treaty  was  signed,  in  virtue 
of  which  we  are  now  in  possession  of  both  banks  of 
the  Mississippi  and  of  that  rich  and  noble  portion 
of  our  Union — the  West.  The  part  borne  by  Monroe 
in  the  acquisition  of  the  Louisiana  territory  was, 
throughout  his  life,  the  source  of  the  greatest  satis- 
faction to  him.  By  the  treaty  which  terminated  that 
negotiation,  a war  apparently  inevitable  was  prevented 
and  the  prosperity  and  happiness  of  our  Western 
brethren  were  permanently  secured. 


xxii  INTRODUCTION. 


But  it  is  not  for  me  to  enter  here  into  a detail  of  the 
public  services  of  James  Monroe.  The  task  would 
be  too  extensive  if  a full  view  of  his  conduct,  in  all 
the  transactions  to  which  he  was  party,  were  given. 
One  action  alone  has  brought  his  name  before  the 
present  peoples  of  the  world.  And  it  is  this,  that 
when  the  Holy  Alliance  abroad  threatened  to  inter- 
vene against  the  liberties  of  the  colonies  of  Spain  in 
the  New  World,  his  message  to  Congress  uttered  the 
warning  that  the  despotism  of  the  Old  World  should 
not  dare  to  lay  its  mace  on  the  liberties  of  the  New. 
Monroe  fixed  the  policy  and  the  attitude  of  the  United 
States  of  America  in  the  family  of  nations.  What- 
ever may  be  the  interpretation  of  “the  Monroe  Doc- 
trine” for  the  future,  it  was  then  and  thereby  that 
the  Southern  Republics  sprang  into  life  and  assumed 
separate  and  equal  station  among  the  nations.  It  was 
then  that  the  North  American  Republic  taught  the 
world  to  respect  its  example  and  its  sanction  of  free- 
dom, and  that  it  put  its  moral  weight  into  the  Scale 
of  the  Balance  of  Power  on  Earth.^ 

In  the  year  1829-30  Monroe  was  chosen  President 
of  the  first  Convention  of  Virginia  to  reform  the  Con- 
stitution of  the  State.  Old  age  and  infirmity  compelled 
him  to  resign  this  last  post.  Soldier,  legislator,  com- 
missioner, diplomat,  statesman,  president,  justice,  con- 
ventionist,  and  constitutionalist,  he  has  filled  every 
measure  of  public  trust  and  filled  it  well.  Were  a more 
thorough  appreciation  of  his  own  individual  and  patri- 
otic labors  the  only  result  of  the  publication  of  his  writ- 
ings, it  alone  is  sufficient  reason  for  this  edition.  But 


^ Governor  Wise. 


IN  TROD  UCTION. 

xxiii 

when  the  events  with  which  his  name  and  life  are  insep- 
arably linked  are  impartially  considered,  it  is  a tardy 
recognition  of  the  debt  we  owe  to  James  Monroe  that, 
until  the  presentation  of  this  collection  of  his  writings, 
the  student  of  his  life  and  of  those  events  with  which 
his  doctrines  are  so  closely  allied,  has  been  obliged  to 
search  for  the  reading  he  desired  through  scattered 
public  documents  and  in  the  files  of  unpublished 
manuscripts. 

Monroe  has  left  material  in  the  shape  of  notes, 
together  with  a large  collection  of  letters  from  and  to 
the  most  distinguished  men  of  this  and  other  coun- 
tries. In  the  early  period,  while  in  Congress,  his  cor- 
respondence with  Jefferson  and  Madison  is  the  most 
conspicuous.  With  both,  for  nearly  the  whole  of  his 
life,  he  maintained  relations  of  great  confidential  inter- 
course, and  was  closely  connected  with  them  in  many 
important  official  trusts.  Such  intercourse  led  to  a 
constant  interchange  of  intelligence,  opinions,  and 
views,  resulting  in  an  immense  mass  of  correspond- 
ence and  documentary  history.  That  which  marks 
the  period  of  the  War  of  1812  is  of  great  importance 
in  exhibiting  the  untiring  zeal  and  patriotism  that 
lightened  the  public  councils  of  the  nation  during 
that  gloomy  period.  The  letters  written  during  his 
missions  to  France,  Spain,  and  England  contain  in- 
structive lessons  to  students  in  American  diplomacy. 

The  greater  part  of  this  collection  was  acquired  by 
Congress  from  Monroe’s  heirs,  under  an  appropria- 
tion of  $20,000  by  Act,  approved  March  3,  1849. 
These  manuscripts  are  now  deposited  in  the  Bureau 
of  Rolls  and  Library  of  the  Department  of  States 


XXIV 


IN  TROD  UCTION. 


handsomely  mounted  and  bound  and  calendered  ; 
others  are  in  our  greater  libraries  and  familiar  ar- 
chives, and  many  yet  remain  in  the  hands  of  individual 
owners.  From  the  greater  collection  this  edition  is 
substantially  drawn  ; but  generous  and  cordial  re- 
sponses from  other  sources  have  enabled  me  to  in- 
clude many  of  the  scattered  papers.  These  volumes 
will,  therefore,  contain  a more  complete  record  of  the 
public  services  and  the  influence  of  James  Monroe 
than  has  been  hitherto  attainable.  The  work  has  its 
shortcomings  and  its  errors,  for  it  has  been  no  easy 
task  to  gather  all  that  may  exist,  especially  as  there  is 
no  prior  compilation  or  collected  publication  of  his 
writings.  But  the  labor  is  lessened  by  the  honor  felt 
in  being  instrumental  in  placing  before  the  statesmen 
of  to-day,  before  the  student,  the  patriot,  and  the  citi- 
zen, that  which  will  throw  new  light  on  the  life  and 
career  of  the  colleague — even  though  they  seriously 
differed  on  important  points — of  Washington,  Adams, 
Jefferson,  Madison,  and  Hamilton,  in  order  that  he 
may  receive  that  degree  of  credit  and  of  lasting  honor 
from  America  and  Americans  which  has  been  too 
often  withheld  and  even  denied  him  by  partizan  his- 
torical zeal. 

To  those  who  have  kindly  assisted  me  I have  made 
specific  acknowledgments  in  my  notes,  but  I wish  here 
to  express  my  especial  thanks  to  Captain  John  S. 
Tucker,  of  Washington,  to  whom  I am  greatly  in- 
debted for  the  supervision  of  the  text  and  the  prepara- 
tion of  notes  during  my  own  personal  illness  ; to  Mr. 
Joseph  W.  Everett,  of  Keswick,  Va.,  who  has  placed 
at  my  service  a collection  of  letters  addressed  to  Dr. 


IN  TROD  UCTION. 

XXV 

Charles  Everett,  Monroe’s  private  secretary ; to  Mr. 
Andrew  H.  Allen,  Chief  of  the  Bureau  of  Rolls  and 
Library;  to  Messrs.  William  McNeir,  John  P.  Weis- 
senhagen,  and  J.  A.  Tonner  of  that  Bureau;  to  Mr. 
Chas.  T.  Hendler,  Foreman  of  the  Government 
Printing  Branch  of  the  Department  of  State  ; to  Mrs. 
Mary  Stevens  Beall,  Secretary  of  the  Columbia  His- 
torical Society,  and  to  Mrs.  James  Lyons,  of  Rich- 
mond, Recording  Secretary  of  the  Association  for 
the  Preservation  of  Virginia  Antiquities. 

S.  M.  H. 


Brookland,  D.  C., 
June,  1898. 


ANNALS  OF  THE  LIFE 


OF 

JAMES  MONROE. 

MILITARY  RECORD— COMMITTEE  SERVICE— MOTIONS  AND 
REPORTS  IN  CONGRESS. 


1758. 

April  28. 


James,  the  son  of  Spence  Monroe  and  of  Elizabeth,  the  sister 
of  Judge  Joseph  Jones,  was  born  on  the  banks  of  the  Potomac  in 
Westmoreland  County,  Virginia.  From  among  the 
memoirs  of  him  it  is  gathered  that  on  his  father’s  side 
he  was  descended  from  the  Scotch,  on  his  mother’s, 
from  the  Welsh.  His  early  instruction  was  under  the  direction  of 
the  Reverend  Mr.  Campbell,  of  Westmoreland,  until  at  the  age 
of  16  he  entered  the  College  of  William  and  Mary,  only  to  aban- 
don the  great  opportunities  there  afforded  for  a liberal  education 
to  obey  the  call  of  his  country. 

At  the  age  of  18,  Cadet  in  the  3d  Virginia  regiment.  Colonel 
Hugh  Mercer — Promoted  to  a Lieutenancy  and  ordered  to  the 
main  army  under  General  Washington — At  the  battle 
of  Harlem  Heights,  September  16 — White  Plains,  Oc- 
tober 28 — With  the  army  in  its  retreat  through  New  Jersey — 
Wounded  at  the  battle  of  Trenton,  December  26. 

At  the  battle  of  Brandywine,  September  ii — At  German- 
town, October  4 — Appointed  aid-de-camp  on  the  staff 
of  Lord  Stirling,  November  20. 

With  Washington  in  camp  at  Valley  Forge,  where  (May  16, 
1778)  he  subscribed  to  the  oath  of  allegiance  as  aid-de-camp  to 
Stirling — At  Monmouth,  June  28 — Returned  to  Virginia 
— Appointed  Lieutenant-Colonel  (whence  his  title  of 
Colonel  ”)  to  one  of  the  new  regiments  to  be  raised  in  that  State 


1776. 


1777* 


1778. 


XXVll 


XXVlll 


ANJVALS  OF  THE  LIFE  OF 


— Owing  to  the  exhausted  state  of  Virginia’s  finances  the  regi- 
ment was  not  raised  and  Monroe  became  supernumerary — Subse- 
quently served  as  volunteer  in  the  organization  of  State  militia. 

Military  commissioner  from  Virginia  to  the  Southern  army — 
1780.  Student  of  law  under  Jefferson. 

Elected  to  the  Virginia  Assembly — Member  of  the  Executive 

1782.  Council  (aged  23  years). 

Elected  one  of  the  delegates  from  Virginia  to  Congress,  term 

1783.  beginning  November  3,  1783. 

June  6. 

In  his  seat  on  the  assembling  of  Congress  at  Annapolis — Defini- 
1783.  tive  Treaty  of  Peace  laid  before  Congress. 

Dec.  13. 

Moved  “ that  an  authenticated  copy  of  the  act  passed  by  the 
United  States  in  Congress  assembled,  the  13th  of  Sep- 
20  relative  to  the  act  of  the  legislature  of  Vir- 

ginia, of  the  2d  January,  be  transmitted  by  express  to 
the  executive  of  Virginia.” 


1784. 
Jan.  15. 


I^^cf'23  General  Washington  resigned  his  commission. 

On  committee  with  Mr.  Williamson  and  Mr.  Tilton,  to  whom 
were  referred  the  memorial  of  Captain  Houdin  of  the 
2d  Massachusetts  regiment,  and  that  of  Lieutenant 
Thatcher  of  the  Line,  praying  for  promotion. 

Moved  ” that  y®  superintendent  of  Finance  be  directed  to 
furnish  to  Major  [David  Solebury]  Franks  200  guineas 
to  bear  the  expenses  of  his  mission  with  y®  ratification 
of  y®  definitive  treaty  to  our  ministers  at  Paris.” 

On  committee  with  Mr.  Williamson  and  Mr.  Tilton,  to  whom 

1784.  were  referred  a memorial  of  Joseph  Ward,  and  a 
Jan.  26.  petition  of  R.  Frothingham  praying  half-pay. 

Drafted  report  on  memorial  of  Francis  Cazeau,  a man  of  in- 
fluence and  property  in  Canada,  ruined  by  his  attach- 
ment to  the  American  cause.  [See  Amended  Report, 
March  16,  1784.] 

Chairman  of  committee  with  Mr.  Partridge  and  Mr.  William- 
1784.  son — Drafted  sea-letter  to  Daniel  Parker,  owner  of  ship, 

Jan.  30.  The  Empress  of  China^  from  New  York  to  Canton: — 


1784. 
Jan.  26. 


JAMES  MONROE. 


XXIX 


“ Most  serene,  serene,  most  puissant,  puissant,  high,  il- 
lustrious, NOBLE,  HONORABLE,  VENERABLE,  WISE,  AND  PRUDENT 
EMPERORS,  KINGS,  REPUBLICS,  PRINCES,  DUKES,  EARLS,  BARONS, 
LORDS,  BURGO-MASTERS,  COUNSELLORS,  AS  ALSO  JUDGES,  OFFICERS, 
JUSTICIARIES  AND  REGENTS  OF  ALL  THE  GOOD  CITIES  AND  PLACES, 
WHETHER  ECCLESIASTICAL  OR  SECULAR,  WHO  SHALL  SEE  THESE 
PATENTS  OR  HEAR  THEM  READ; 

“WE  THE  UNITED  STATES  IN  CONGRESS  AS- 


SEMBLED, make  known,  that  John  Green,  Captain  of  the  ship 
called  the  Empress  of  China,  is  a citizen  of  the  United  States  of 
America,  and  that  the  ship  which  he  commands  belongs  to  citi- 
zens of  the  said  United  States,  and  as  we  wish  to  see  the  said 
John  Green  prosper  in  his  lawful  affairs,  our  prayer  is  to  all  the 
before  mentioned,  and  to  each  of  them  separately,  where  the 
said  John  Green  shall  arrive  with  his  vessel  and  cargo,  that  they 
may  please  to  receive  him  with  goodness,  and  treat  him  in  a be- 
coming manner,  permitting  him  upon  the  usual  tolls  and  expenses 
in  passing  and  repassing,  to  pass,  navigate  and  frequent  the 
ports,  passes  and  territories,  to  the  end,  to  transact  his  business 
where  and  in  what  manner  he  shall  judge  proper,  whereof  we  shall 
be  willingly  indebted.” 

Moved  “ that  the  committee  on  the  Memorial  from  Canadian 
refugees  be  instructed  to  examine  the  engagements  of  Congress 
and  of  the  Commander  in  Chief  to  the  people  of  Canada 
and  report  their  opinion  how  far  the  publick  faith  under 
the  laws  of  nations  is  thereby  engaged  to  make  good 
the  losses  they  have  sustained  from  the  part  they  have  acted 
under  those  engagements.” 

On  committee  with  Mr.  Williamson  and  Mr.  Sherman,  to  whom 
was  referred  a letter  of  January  20th  of  that  year,  from 
Feb^H  Pierce,  Paymaster-General,  respecting  claims  to 

half-pay  and  commutation. 

Moved  “ that  it  be  recommended  to  the  State  of  Rhode 
Island  and  Providence  Plantations  to  make  good  the  depreciation 
of  the  monthly  pay  of  Samuel  Sandford,  late  an  ensign 
Feb  *13  Colonel  Moses  Hazen’s  regiment,  agreeably  to  the 
resolution  of  April  20,  1781.” 

On  committee  with  Mr.  Williamson  and  Mr.  Howell,  to 


1784. 
Feb.  10. 


XXX 


ANNALS  OF  THE  LIFE  OF 


whom  was  referred  the  memorial  of  Major  Anthony 
Feb^*2  Selin  (a  foreign  officer),  late  of  General  Hazen’s  regi- 
ment. 

With  Mr.  Jefferson,  Mr.  Hardy,  and  Mr.  Lee  presented  to 
Congress  the  form  of  a deed  to  be  executed  by  Virginia,  ceding 
to  the  United  States  all  her  territory  lying  northwest  of 
Mar  * I Ohio;  Congress  approving  the  deed,  the  same  was 

signed,  sealed,  and  delivered  by  the  delegates,  and  en- 
rolled among  the  Acts  of  the  United  States  in  Congress  Assembled. 
[The  original  parchment  deed  is  among  the  “ Papers  of  the  Con- 
tinental Congress  ” in  the  Department  of  State.  The  impression 
of  Jefferson’s  seal  is  gone;  portions  of  those  of  Hardy’s,  Lee’s, 
and  Monroe’s  remain.  The  witnesses  to  the  deed  were  Chas. 
Thomson,  Henry  Remsen,  Jr.,  and  Benjamin  Bankson,  Jr.] 

1784.  Moved  that  Gunning  Bedford’s  (Delaware)  term  of 

Mar.  13.  service  be  entered  as  from  the  date  of  his  appointment. 

Chairman  of  committee  with  Mr.  Howell  and  Mr.  Sherman. 
Drafted  report  on  the  memorial  of  Francis  Cazeau:  “ That  as 
the  depreciation  of  paper  currency  (mentioned  in  Mr. 
Mar*  16  memorial)  did  not  arise  from  a voluntary  act 

of  Congress,  but  was  an  evil  forced  on  us  by  exigencies, 
hath  been  injurious  to  our  own  citizens  as  well  as  to  foreigners, 
and  as  no  compensation  hath  been  made  the  former,  for  the 
losses  they  have  sustained  thereby,  the  United  States  in  Congress 
assembled,  cannot  with  justice  discriminate  between  them  and 
any  other  class  or  description  of  men.  That  whatever  stores  or 
provisions  Mr.  Cazeau  purchased  and  collected,  for  the  use  of  the 
American  army,  by  engagement  of  the  Officer  commanding 
the  detachment,  or  other  person  duly  authorized  by  him  for  that 
purpose,  whether  they  reached  the  detachment  or  not,  if  so 
purchased  and  collected,  they  were  destroyed,  and  he  in  that 
degree  injured,  the  United  States  are  in  honor  and  justice  bound 
strictly  to  make  good  the  loss  he  sustained  thereby,  provided  it 
shall  not  appear,  in  the  liquidation  of  his  accounts  that  the  said 
stores  and  provisions  were  to  have  been  at  his  risque  until  the 
delivery  thereof.  That  whatever  Mr.  Cazeau  advanced  to  ex- 
presses, to  give  necessary  communications  to  our  generals,  should 
be  repaid  him.  That  the  sale  of  his  goods  to  the  inhabitants  of 


JAMES  MONROE. 


XXXI 


his  province,  to  promote  our  interest,  upon  cheaper  terms  than 
he  might  otherwise  have  obtained,  was  an  act  of  benevolence  not 
authorized  on  our  part;  and  can  therefore  in  justice  give  him  no 
claim  for  retribution.  That  an  interest  of  six  per  cent,  per 
annum  from  the  first  day  of  May,  1777,  be  allowed  to  Mr.  Cazeau, 
on  the  above  advances,  and  on  the  amount  of  the  articles  so  pur- 
chased and  collected.  That  the  superintendent  of  finance  be, 
and  he  is  hereby  directed,  to  advance  to  Mr.  Cazeau,  the  sum  of 
5000  dollars  on  account,  and  to  order  his  account  to  be  adjusted, 
and  to  give  him  certificates  for  the  payment  of  the  balance  at 
such  early  and  convenient  times,  as  the  finances  of  the  United 
States  will  admit  of.  That  in  settling  the  accounts  of  Mr. 
Cazeau,  his  own  testimony,  under  oath,  be  admitted  in  support 
of  such  other  evidence  as  the  circumstances  of  the  case  will 
admit.  ’ ’ 

Moved  “ that  y®  States  of  Maryl'l  & Virg^  be  informed  that 
provided  they  will  advance  the  U.  States  40,000  pounds  for 
the  erecting  y®  necessary  buildings  for  the  reception  of 
/^rti  14  at  or  near  Georgetown  at  y®  falls  of  y®  Potow- 

mack,  it  shall  be  allowed  them  in  the  requisitions  made 
on  them  for  — year  of  y®  U.  S.  in  Congress  assembled.” 

Moved  to  commit  the  question  ” Whether  the  State  of  Rhode 
Island  shall  be  entered  on  the  Journal  as  voting”  on 
May  19  question  of  the  qualifications  of  her  delegates, — 

Messrs.  Ellery  and  Howell. 

Seconded  Mr.  Howell’s  motion  ” that  there  be  enlisted  as 
soon  as  possible,  to  serve  for  the  term  of  three  years, 
unless  sooner  discharged,  450  men,  to  be  employed  for 
defence  of  the  north-western  frontier  of  the  United 
States;  and  that  the  different  States  furnish  their  quota.” 

In  the  consideration  of  the  Committee  of  the  States,  moved 
” that  the  Committee  shall  have  power  [only]  receive  [the,  all] 
communications  from  foreign  ministers  and  lay  them 
May  29  Congress  when  they  shall  convene  but  shall 

[proceed  to  the]  transact[ion  of  no  other  business  with 
them  which  they  are  not  authorized  to  do  by  the  United  States 
in  Congress  assembled]  no  business  with  them  unless  authorized 
[by]  thereto  by  particular  acts  of  Congress.” 


1784. 
May  25. 


XXXll 


ANNALS  OF  THE  LIFE  OF 


1784. 
June  I. 


Moved  “that  general  Knox  be  instructed  to  order  350  men 
properly  officered,  of  the  troops  now  in  the  service  of  the  United 
States,  to  march  immediately,  to  be  in  readiness  to  take 
possession  of  the  western  posts,  as  soon  as  evacuated  by 
the  troops  of  his  Britannic  majesty.  That  700  men, 
officers  included,  to  serve  for  the  term  of  three  years,  unless 
sooner  discharged,  be  raised  for  the  relief  of  those  troops,  the 
protection  of  the  western  frontiers,  and  for  guarding  the  public 
stores  and  that  the  several  states  furnish  their  quotas.” 

On  committee  with  Mr.  Sherman,  Mr.  Read,  Mr.  Mc- 
Henry, and  Mr.  Dick,  to  whom  was  referred  the  question 
of  raising  troops  for  defence  of  northwestern  frontiers. 

On  committee  with  Mr.  Stone,  Mr.  Read,  Mr.  Sherman,  and 
Mr.  Williamson,  to  whom  was  referred  the  petition  from  Massa- 
chusetts praying  the  appointment  of  a Federal  Court  by 
Congress  to  decide  the  dispute  between  that  common- 
wealth and  New  York.  First  Monday  in  December, 
1784,  assigned  for  the  appearance  of  the  agents  of  the  respective 
States ; form  of  notice  to  be  transmitted  by  the  Secretary  of  Con- 
gress, agreeably  to  the  Articles  of  Confederation. 

Draft  of  report  of  committee  on  instructions  to  our  minister 
at  Madrid:  “ Sir, — As  you  will  be  furnished  with  the  instructions 
given  your  predecessor  Mr.  Jay  in  his  negotiations  with 


1784. 
June  3. 


1784. 
June  3. 


1784. 
June  23. 


the  Court  of  Spain  which  fully  investigate  the  right  of 
the  United  States  to  the  territory  within  their  lines  and 
to  the  navigation  of  the  Mississippi,  in  virtue  of  their  independ- 
ence of  Great  Britain  and  of  the  injustice  of  any  claim  founded 
on  the  part  of  Spain  upon  conquest  from  Great  Britain  of  the 
territory  which  belonged  to  them,  it  will  be  unnecessary  to  add 
anything  to  what  those  instructions  contain.  But  if  a claim 
founded  on  the  principles  of  the  Revolution  was  questionable, 
the  late  treaties  between  Great  Britain  and  the  United  States,  and 
Great  Britain  and  Spain  respectively,  have  determined  the  bounds 
to  which  their  respective  rights  extend.  By  the  2^1  article  of  the 
Treaty  between  Great  Britain  and  the  United  States,  it  is  stipu- 
lated that  the  line  which  bounds  the  United  States  after  it  reaches 
the  Mississippi  shall  extend  along  the  middle  of  the  said  river 
until  it  intersects  the  northernmost  part  of  the  31st.  degree  of  no. 


JAMES  MONROE. 


XXXlll 


latitude;  thence  south  by  a line  to  be  drawn  due  east  from  the 
determination  of  the  line  last  mentioned  on  the  latitude  of  31 
degrees  north  of  the  equator  to  the  middle  of  the  river  Apalachi- 
cola or  Latahouchi;  thence  along  the  middle  thereof  to  its  junc- 
ture with  the  flint  river;  thence  straight  to  the  head  of  S‘  Mary’s 
river  and  thence  down  along  the  middle  of  Mary’s  river  to 
the  Atlantic  Ocean.  And  the  8th.  article  stipulates  that  the 
navigation  of  the  river  Mississippi  from  its  source  to  the  ocean 
shall  forever  remain  free  and  open  to  the  subjects  of  Great  Britain 
and  the  citizens  of  the  United  States.  If  by  the  principles  of 
the  Revolution  the  United  States  had  not  already  acquired  the 
rights  which  these  articles  stipulate,  they  remained  of  course  in 
Great  Britain.  The  Treaty  of  Paris  in  1763  gave  them  to  her 
and  she  never  relinquished  them  until  the  Treaty  with  the  United 
States.  In  her  subsequent  treaty  therefore  with  Spain,  Great 
Britain  could  only  convey  what  she  retained,  which  could  induce 
no  restriction  or  qualification,  had  she  wished  it,  on  the  right 
which  had  already  accrued  to  the  United  States,  and  the  acces- 
sion of  Spain  to  a treaty  with  her  upon  these  conditions,  under 
which  she  now  claims  what  she  holds,  must  be  considered  as  an 
acknowledgment  of  the  right  in  the  United  States.  The  bounds 
therefore  as  limited  in  said  treaty  between  Great  Britain  and  the 
United  States  with  the  right  of  the  navigation  of  the  Mississippi 
from  its  source  to  the  ocean,  with  those  rights  which  appertain 
to  that  of  navigation  are  in  any  treaty  you  may  enter  into,  to  be 
expressly  stipulated  to  the  United  States  without  which  indeed 
you  are  to  enter  into  no  treaty,” 

[Monroe’s  associates  were  Pinckney,  Houston,  Jay,  Bedford, 
Hardy,  and  Gerry]. 

1784.  Credentials  as  delegate  from  Virginia  signed  by  Ben- 

Aug.  28.  jamin  Harrison. 

Moved  respecting  northwestern  posts: — “Whereas  it  was 

stipulated  in  the  7th  article  of the  treaty  between  the  U.  S. 

and  his  Britanick  Majesty,  that  the  troops  of  his  Bri- 
I^e^c^'2  t^^ick  Majesty  sho'^  be  withdrawn  from  the  posts  and 
fortifications  within  the  [bounds  affixed  by  said  treaty 
to  the  U,  S.]  U.  S.  ‘ with  all  convenient  speed,’  and  whereas  the 
said  troops  have  not  been  in  compliance  [the  posts  of  M.  Detroit 


XXXIV 


ANNALS  OF  THE  LIFE  OF 


&c.  within  U.  S.  are  still  held  by  B.  garrisons]  with  said^ 
article,  withdrawn  from  the  posts  and  fortifications  within  the 
northwestern  bounds  of  the  U.  S.,  whereby  the  U.  S.  have  been 
prevented  from  taking  possession  of  s'?  posts  & their  citizens  ex- 
cluded from  free  passage  & navigation  of  the  lakes,  to  their 
eminent  disadvantage  therefore  resolved.  That  the  Comrs.  for 
negociating  commerc?  treaties  be  instructed  [be  instructed  to 
report  to  the  Court  of  London]  to  represent  to  his  Britanick 
Majesty  the  dissatisfaction  at  [s'?  procedure]  the  delay  of  the  ct. 
of  London  of  G.  B.  in  complying  with  the  said  article  and  to 
require  that  [said  posts  and  fortifications  be  delivered,  surren- 
dered as  soon  as  possible  & that]  his  troops  be  withdrawn  from 
every  post  and  place  within  the  [bounds]  territory  of  the  U.  S. 
agreeable  to  the  7th.  article  of  Y treaty  and  to  insist  that  a pre- 
cise time  be  appointed  for  said  purpose  [to  inform  (assure)  his 
Britanick  Majesty  that  it  is  the  desire  of  the  U.  S.  to  live  in 
amity  with  him  and  that  they  will  do  everything  necessary  on 
their  part  to  cultivate  the  most  friendly  intercourse  between  the 
citizens  and  subjects  of  either  power]. 

Chairman  of  committee,  with  Mr.  Houston  and  Mr.  Howell. 
Drafted  resolution  recognizing  Charles  Hellstedt,  consul  to  re- 
side at  Philadelphia  representing  the  King  of  Sweden, 
from  September  22,  1783: — “Resolved,  That 
the  said  commission  be  registered  in  the  secretary’s 
office;  and  that  thereupon  acts  of  recognition  in  due  form  be  im- 
mediately issued  to  the  several  States,  in  order  that  they  may 
respectively  furnish  him  with  an  exequatur  or  notification  of  his 
quality,  that  the  same  may  be  made  known  and  published.’’ 
Chairman  of  committee,  with  Mr.  Howell,  Mr.  Williamson,  Mr. 
Benson,  and  Mr.  Houston,  to  whom  had  been  referred  his  motion 
of  the  2d.  Drafted  report  on  said  [his  own]  motion: — “ The 
Committee  to  whom  was  referred  the  motion  of  Mr.  Monroe  re- 
specting the  northwestern  posts  of  the  U.  S.  beg  leave  to  submit 
the  following  report,  viz: — “ Whereas  it  was  stipulated  in  the  7th. 
Article  of  the  treaty  between  his  B.  Majesty  and  the  U.  S.  of  A. 
that  the  troops  of  his  B.  Majesty  shoud.  be  withdrawn  from  the 
posts  and  fortifications  within  the  U.  S.  with  all  convenient  speed 
and  whereas  at  MichilamH,  Detroit,  and  other  posts  within  the 


JAMES  MONROE. 


XXXV 


U.  S.  are  still  held  by  British  garrisons:  Therefore  resolved,  That 

be  instructed  to  represent  to  his  Britanick  Majesty  the 

dissatisfaction  of  the  U.  S.  at  the  delay  of  the  Court  of  G.  B. 
in  Complying  with  said  article  & to  require  that  his  troops  be 
withdrawn  from  every  post  and  place  within  the  Territory  of  the 
U.  S.  & to  assure  his  B.  Majesty  that  it  is  the  desire  of  the  U.  S. 
to  live  in  amity  with  him  & that  they  will  do  everything  necessary 
on  their  part  to  cultivate  the  most  friendly  intercourse  between 
the  citizens  and  subjects  of  either  power.” 

On  Committee  with  Mr.  Holten,  Mr.  Ellery,  Mr.  Hardy,  and 
Mr.  Williamson.  Report  ordering  that  the  secretary 
in  the  war  office  cause  the  troops  at  Fort  Stanwix  to 
be  marched  immediately  to  Fort  Rensselaer. 

On  committee  with  Mr.  Howell,  Mr.  Benson,  Mr. 
Holten,  and  Mr.  Bedford;  draft  of  an  ordinance  to 
revise  the  system  of  the  war  office  reported. 

Chairman  of  committee  with  Mr.  R.  R.  Livingston  and  Mr. 
Beatty.  Drafted  report  on  petition  of  Major  Doughty,  with 
resolve  “ that  the  Secretary  of  the  war  office  take  order 
for  supplying  the  troops  under  the  command  of  major 
Doughty,  with  clothing,  agreeably  to  the  return  to  the 
war  office;  that  Mr.  Duer,  the  contractor,  be  requested  to  continue 
to  supply  the  said  troops,  as  also  those  at  Fort-Rensselaer,  upon 
the  terms  he  hath  hitherto  done  with  provisions  for  the  months 
of  January  and  February  ensuing.  Resolved,  (by  nine  States) 
That  in  consideration  of  the  additional  expense,  into  which  major 
Doughty  hath  been  thrown  by  having  the  command  of  the  garrison 
at  West-Point,  he  be  allowed  the  pay  and  emoluments  of  major 
of  artillery,  to  commence  from  his  appointment  to  said  command.  ’ ’ 
Seconded  Mr.  Hardy’s  motion  to  strike  out  the  words  ” on 
the  banks  of  either  side  of  the  Delaware,  not  lower 
^ than  Lamberton,  nor  more  than  six  miles  above  it  ” in 

the  ordinance  for  a temporary  seat  of  Congress,  and  in 
lieu  thereof  to  insert  ” at  Georgetown,  on  the  Potomac.” 

On  committee  with  Mr.  Ellery,  Mr.  Read,  Mr.  Williamson, 
and  Mr.  Holten.  Report  referring  the  petition  of  Mr. 
Ayot,  a captain  in  the  service  of  the  United  States  in 


1784. 
Dec.  7. 

1784. 
Dec.  8. 


1784. 
Dec.  II. 


1784. 
Dec.  24. 


Canada,  to  the  paymaster-general. 


XXXVl 


ANNALS  OF  THE  LIFE  OF 


1785. 

Jan.  31. 


Seconded  Mr.  Pinckney’s  motion  to  assign  a date 
for  the  election  of  a minister  plenipotentiary  to  Lon- 
don. 

On  the  question  of  raising  troops  to  secure  the  Western  territory, 
moved; — “Whereas  by  the  acts  of  several  of  the  States,  ceding 
vacant  territory  to  the  U.  S.  there  is  a prospect  that  by 
a proper  disposition  of  it,  it  may  be  made  a valuable 
fund  for  the  discharge  of  the  publick  debt,  and  whereas 
security  to  the  persons  & property  of  the  settlers  will  contribute 
much  to  the  facility  & expedition  of  the  sales,  therefore  resolved, 
that  men  be  rais’d  to  serve  for  the  term  of  three  years  unless 
sooner  discharged  & quota’ d on  the  States  in  the  following  pro- 
portions viz.’’  [See  April  ii,  1785.] 

Chairman  of  committee  with  Mr.  Platt,  Mr.  Read,  Mr.  Hardy, 
Mr.  Spaight.  Reported  on  “ sundry  letters  from  the  Secretary 
for  foreign  affairs.”  (See  Note,  page  62.)  In  the 


1785. 

Feb.  II. 


consideration  of  the  question  of  commercial  intercourse 
with  Canada,  moved  as  follows:  “ Resolved  that  upon 
all  goods  originally  imported  into  the  British  province  of  Canada 
& transported  thence  up  the  Lakes  and  landed  either  in  publick 
or  private  stores  without  the  bounds  of  any  of  the  13  U.  S.  or 
elsewhere  within  the  bounds  of  the  U.  S.,  shall  be  paid  the  duty 
of  — per  ctm.  ad  valorem  at  the  places  where  they  may  be  landed ; 
and  that  in  cases  of  doubt  the  onus  probandiliQ  upon  the  owner; 
except  in  cases  of  ship-wreck,  or  wherein  vessels  have  been  forc’d 
on  shore  to  avoid  ship-wreck.  That  the  citizens  or  others,  in- 
habitants of  the  U.  S.,  are  hereby  authoriz’d  to  build  ships  or 
other  vessels  and  to  conduct  their  commercial  concerns  thro’  the 
lakes,  with  goods  originally  imported  into  the  ports  of  the  U.  S., 
without  any  restraint  or  limitation  whatsoever. 

That  it  be  recommended  to  the  people  who  may  settle  under 
the  protection  of  the  forts  & garrisons  of  the  U.  S.  without  the 
boundaries  of  any  particular  State,  to  the  west  and  north  west  of 
Fort  Schloser  to  erect  a temporary  form  of  govt,  for  themselves  and 
to  lay  such  reasonable  duties  on  their  commerce  as  it  will  sustain, 
to  defray  as  far  as  possible  the  expenses  of  said  garrisons  and 
that  they  appoint  collectors  to  receive  the  same  to  be  applied 
agreeably  to  the  orders  of  the  U.  S.  in  Congress  assembled. 


JAMES  MONROE. 


XXXVll 


That 


be  instructed,  provided  they  enter  into  a treaty  of 


commerce  with  G.  Britain,  that  the  commercial  intercourse  be- 
tween G.  Britain,  Ireland,  the  west  Indies,  or  other  possessions 
of  his  Britannick  Majesty  & the  U.  S.  be  so  regulated  as  that  the 
U.  S.  be  laid  under  no  restrictions  with  respect  to  the  intercourse 
between  the  citizens  of  these  United  States  & his  subjects  in 
Canada  or  other  possessions  of  his  B*^  majesty  on  this  Continent, 
but  that  either  party  be  left  at  liberty  to  make  such  regula- 
tions respecting  said  commerce  intercourse  as  they  may  think 
proper,” 

Moved  that  it  be  ” Resolved,  That  agreeably  to  the  condition 
of  the  act  of  cession  from  the  State  of  Virginia,  a commissioner 
be  appointed,  who  jointly  with  the  commissioner  on  the 


1785- 

Feb.  25. 


part  of  the  said  State,  shall  be  authorised  to  appoint  a 
third,  who  or  a majority  of  them,  shall  be  empowered 
to  adjust  and  liquidate  the  accounts  of  said  State  against  the 
United  States  for  the  necessary  and  reasonable  expenses  incurred 
in  subduing  any  British  posts,  or  maintaining  any  forts  or  garri- 
sons within  or  for  the  defence,  or  in  acquiring  any  part  of  the 
territory  ceded  by  said  State  to  the  United  States  agreeably  to 
said  act  of  cession:  That  the  advances  of  the  said  State  for  the 
above  purposes  when  liquidated  and  adjusted  be  deducted  out  of 
the  requisition  for  the  year  1785.” 

On  committee  with  Mr.  R.  R.  Livingston,  Mr.  McHenry, 
Mr.  Howell,  Mr.  Read.  ” Resolved,  That  300  dollars  be  ad- 
vanced to  Francis  Carboneaux,  agent  for  the  inhabitants 
of  the  Kaskaskias  and  St.  Vincents,  for  which  sum  he 
is  to  be  accountable;  and  that  the  president  draw  a 
warrant  accordingly.” 

Henry  Knox  elected  Secretary  at  War,  having  been  previously 
nominated  by  Mr.  Monroe — On  committee  with  Mr.  Spaight  and 

Mr.  King;  report  on  petition  of  Silas  Talbot.  ” Re- 

solved,  That  the  officers  who  retired  under  the  resolve 

Mar.  8.  ’ 

of  the  31st,  December  1781,  are  equally  entitled  to  the 
half-pay  or  commutation  with  those  officers  who  retired  under 
the  resolves  of  the  3d.  and  21st.  October  1780.” 

Chairman  of  committee,  with  Mr.  Hardy  and  Mr.  Holten,  to 
whom  were  referred  the  instructions  from  the  Legislature  in 


1785. 

Mar.  4. 


XXXVlll 


ANA^ALS  OF  THE  LIFE  OF 


Virginia  to  their  delegates  in  Congress.  Drafted  report  that 
“ Whereas  it  appears,  that  the  liquidation  and  settlement  of 
the  accounts  between  the  United  States  and  the  State  of  Virginia, 
and  the  inhabitants  thereof,  is  stopped  by  the  resignation  of  Mr. 

Zephaniah  Turner,  the  commissioner  appointed  pursuant 
to  the  act  of  the  20th.  February  1782:  and  it  further 
appearing,  that  Mr.  Andrew  Dunscomb  was,  on  the  i8th. 
October  last,  nominated  to  that  office  by  the  late  superintendent 
of  finance,  and  has  been  approved  by  the  said  State;  Resolved, 
That  the  Comptroller  notify  the  said  Andrew  Dunscomb  of  his 
appointment,  furnishing  him  with  a copy  of  the  instructions, 
given  to  the  commissioners  for  settling  the  accounts  between  the 
United  States  and  each  particular  State,  and  the  creditors  of 
the  United  States  within  the  same,  and  the  several  acts  and 
resolutions  of  Congress  for  their  government,  and  direct  him 
to  proceed  in  the  execution  of  the  business,  with  all  suitable 
despatch.” 

On  committee  with  Mr.  Johnson,  Mr.  McHenry,  Mr.  Howell, 
and  Mr.  Williamson.  Reported  on  letter  and  sundry  papers 
from  Indian  Commissioners — On  committee  with  Mr. 
Mar' 18  Pinckney,  Mr.  R.  R.  Livingston,  and 

Mr.  Gardner  to  revise  the  institution  of  the  office  of 
the  Secretary  of  Congress  and  to  report  such  alterations  as  they 
judged  necessary. 

The  following  letter  addressed  to  the  President  by  Mr.  Monroe 
was  read  in  Congress: — ” Sir,  By  a letter  from  the  honble  the 
Agents  on  the  part  of  Massachusetts  and  New  York, 
Mar*  21  appointment  as  a judge  to  sit  on  the  foederal  Court 
for  deciding  the  controversy  between  those  States  has 
been  announced  to  me.  I would  have  answered  it  sooner,  but 
being  on  the  Spot  where  the  communication  might  at  any  moment 
be  made  I did  not  conceive  it  essential.  I now  do  myself  the 
honor  to  inform  your  Excellency  that  I shall  accept  the  appoint- 
ment and  attend  at  whatever  place  the  Court  may  be  held  ” — On 
Committee  with  Mr.  Ellery,  Mr.  Read,  Mr.  Williamson,  and  Mr. 
Spaight.  The  memorial  of  Alexander  Stewart  referred  to  the 
paymaster-general. 

Drafted  report  granting  Congress  the  power  of  regulating 


JAMES  MONROE. 


XXXIX 


trade.  (See  Note,  page  8o) — On  Committee  with  Mr.  Hardy,  Mr. 
King,  Mr.  Johnson,  and  Mr.  McHenry.  Reported  on  the  me- 
morial from  the  merchants  of  New  York,  setting  forth 
Mar  *28  peculiar  losses  they  sustained  during  the  war  by 
their  exertions  to  support  the  credit  of  paper  currency. 
Claim  of  memorialists  referred  to  the  Legislature  of  New  York. 

In  the  consideration  of  commercial  treaties,  moved  “ that  a 

committee  be  appointed  to  revise  & report  what  alterations,  if 

any,  are  necessary  to  be  made  in  the  instructions  given 

to  the  commissrs.,  authorized  to  enter  into  commercial 
April  4.  . 

treaties  with powers. 

Chairman  of  committee,  with  Mr.  Johnson,  Mr.  R.  R.  Living- 
ston, Mr.  King,  Mr.  Beatty,  Mr.  McHenry,  and  Mr. 

12  Drafted  report  on  raising  the  military  force 

voted  April  7,  1785: — 

“ That  the  non-commission’ d officers  and  privates  to  be  rais’d 
by  the  resolution  of  be  furnish’d  by  the  States  hereinafter 

mention’d  in  the  following  proportions. 

Connecticut 165 

N.  York 165 

N.  Jersey no 

PensyB 260 

That  the  following  commission’d  officers  be  furnish’d  by  the 
said  States  for  the  said  troops  in  the  following  proportions. 

One  Lieutenant  Colonel  from  PensyB.  Two  majors — one  from 
Connecticut  and  one  from  N.  York — each  to  command 
a company — 8 captains — ten  Lieutenants — one  to  act  as 
adjutant  one  as  q'master  and  one  as  paymaster  — ten 
Ensigns — one  surgeon  and  four  mates — to  be  furnish’d 
by  the  said  States  in  proportion  to  the  number  of  privates 
which  they  respectively  furnish. 

That  the  pay  of  the  Lieud  Colonel  be  50  dollars. 

that  of  the  major 45  doB 

of  the  capC 35 

Lieut-  26  d° 

Ensign 20  d° 

Serjeant 6 d° 

Corporal 5 d° 


xl 


AJVJVAZS  OF  THE  LIFE  OF 


Surgeon 45  dol® 

Mates 30  dol® 

Drum  & fife 5 d° 

That  the  Lieutenants  acting  as  adjutant — qhnaster  and  pay- 
master shall  receive  in  consideration  of  s^l  extra  duty  10  doL®  each 
pr.  month. 

That  the  pay  of  the  privates  shall  be  four  doL®  p"  month  and 
that  each  officer  and  soldier  shall  receive  one  months  pay,  after 
they  are  embodied,  before  their  march. 

That  the  Secretary  at  War  be  directed  to  form  the  said 
troops,  when  rais’d  into  one  regiment  consisting  of  8 companies  of 
infantry  and  two  of  artillery — to  appoint  their  places  of  ren- 
dezvous— direct  their  subsequent  operations  and  make  all  other 
inferior  necessary  arrangements,  not  herein  particularly  men- 
tion’d, subject  to  the  order  of  Congress  and  of  the  committee  of 
the  States  in  the  recess  of  Congress,  and  that  the  Commiss”  of 
the  Treasury  be  instructed  to  furnish  on  his  warrant  the  sums 
necessary  for  carrying  the  same  into  effect. 

That  the  said  troops  when  embodied,  on  their  march,  on 
duty,  or  in  garrison,  shall  be  subject  to  all  the  rules  and  regula- 
tions form’d  for  the  govl  of  the  late  army,  or  such  other  rules  as 
Congress  or  a Committee  of  the  States  may  form.” 

1785.  On  committee  with  Mr.  King  and  Mr.  Howell.  Com- 

April  18.  mittee  reported  on  the  memorial  of  Thomas  Walker. 

Moved,  in  the  ordinance  for  ascertaining  the  mode  of  dispos- 
ing of  lands  in  the  Western  territory,  that  the  following  clause 
be  struck  out: — ” Also  one-third  part  of  all  gold,  silver. 


1785- 

April  20. 


lead,  and  copper  mines  for  the  purpose  of  special  sale,  at 
such  times  and  places  as  Congress  may  hereafter  direct.  ’ ’ 
In  the  consideration  of  the  ordinance  for  ascertaining  the 
mode  of  disposing  of  lands  in  the  Western  territory. 


1785. 

May  3. 


seconded  Mr.  Grayson’s  motion  to  amend  the  section 
respecting  the  extent  of  townships.  Seconded  Mr.  Gray- 
son’s motion  to  amend  the  section  respecting  the  sale  of  lands. 

Seconded  Mr.  McHenry’s  motion  to  strike  out  a por- 


1785. 

May  4. 


tion  of  the  section  respecting  the  sale  of  lands.  Seconded 
Mr.  Pinckney’s  motion. 

On  committee  with  Mr.  King  and  Mr.  Howell.  Committee 


JAMES  MONROE. 


xli 


reported  on  the  memorial  of  Augustus  Provost,  praying  a com- 
pensation for  land  granted  by  the  Six  Nations  of  Indians  to  the 
late  Colonel  Croghan.  Seconded  Mr.  Grayson’s  mo- 
tion to  amend  the  ordinance  respecting  lands  in  the 
Western  territory. 

On  committee  with  Mr.  King  and  Mr.  Johnson.  Committee 
reported  on  the  report  of  the  Secretary  for  Foreign 
May  ii  on  a certain  paragraph  in  the  letter  of  May  9th 

from  the  Charge  des  Affaires  of  France. 

Drafted  report  on  invalid  pension  of  Mordecai  Hale  : “ The 

Committee  to  whom  was  referred  the  memorial  of  Mordecai  Hale 
late  surgeon’s  mate  in  the  army  of  the  United  States, 


1785- 
May  6. 


1785. 

May  18. 


having  examined  the  said  memorial  and  the  vouchers 
and  papers  accompanying  it  submit  the  following  re- 
port: Resolved  That  the  said  Mordecai  Hale  be  & hereby  is 
declared  to  be  within  the  intent  and  meaning  of  the  Act  of  Con- 
gress of  the  26th.  of  August  1776,  making  provision  for  wounded 
and  disabled  officers  and  soldiers  in  the  service  of  the  United 
States  and  that  it  be  recommended  to  the  State  of  New  York 
to  make  provision  for  him  accordingly  which  shall  be  allowed 
in  her  account  against  the  United  States.” 

On  the  third  reading  of  the  ordinance  for  ascertaining  the 
mode  of  disposing  of  lands  in  the  Western  territory,  moved  to 
strike  out  the  following  clause:  ” The  township  or  frac- 
May*i9  ^ township,  No.  i,  in  the  first  range,  shall 

be  sold  entire,  and  No.  2,  in  the  same  range  by  lots,  and 
thus  in  alternate  order  through  the  whole  of  the  first  range;  the 
township  or  fractional  part  of  a township  No.  i,  in  the  second 
range  shall  be  sold  by  lots,  and  No.  2,  in  the  same  range  entire, 
and  so  in  alternate  order  through  the  whole  of  the  second 
range,  and  the  third  range  shall  be  sold  in  the  same  manner  as 
the  first,  and  the  fourth  in  the  same  manner  as  the  second,  and 
thus  alternately  throughout  all  the  ranges,”  and  in  lieu  thereof 
to  insert:  ” The  commissioner  of  the  loan  office  in  each  state, 
shall  offer  for  sale  all  the  land  transmitted  to  him  either  in  town- 
ships, fractional  parts  of  townships,  or  in  such  smaller  quantities 
as  he  shall  find  expedient;  provided  that  he  shall  sell  no  smaller 
tract  than  one  containing  seven  lots,  except  in  cases  wherein  the 


xlii 


ANNALS  OF  THE  LIFE  OF 


fractional  parts  of  townships  shall  not  contain  that  amount.” 
[For  the  ordinance  as  passed  see  the  Journal,  May  20,  1785.] 

In  the  consideration  of  the  recommendation  to  the  State  of 
North  Carolina  in  the  execution  of  a deed  to  the  United 
States,  moved  an  amendment  to  insert  the  words: 

1785.  <<  State  of  New  York,  the  commonwealth  of  Vir- 

May  23.  ... 

ginia,”  in  addition  to  the  words  ” the  commonwealth 
of  Massachusetts.” 

Chairman  of  committee  on  commercial  treaties,  with  Mr. 
King,  Mr.  Pinckney,  Mr.  Johnson,  and  Mr.  Lawrence.  Drafted 
‘‘  The  report  of  the  Committee  appointed  to  ‘ revise  & 
June*2  report  what  alterations,  if  any,  are  necessary  to  be 
made  in  the  instructions  given  to  the  Commis’’-®  author- 
iz’d to  form  commerc!  treaties  with  powers.’ 

In  examining  the  said  instructions  it  occurr’d  to  the  Committee 
as  a subject  worthy  of  previous  inquiry  i.  whether  the  U.  S.  were 
possess’d  of  sufficient  powers  to  form  commercial  treaties  so  as 
that  their  engagements  sho'l  be  binding  on  the  Union.  2.  If 
they  were,  whether  such  treaties  might  probably  be  obtain’d  at 
present,  as  they  shol  accept  of,  with  all  the  s^  powers,  if  not  with 
whom,  and  what  the  measures  necessary  to  be  taken  with  those 
who  decline  them.  3.  the  principles  upon  which  the  treaties 
sho*!  be  form’d  with  each. 

1.  The  Committee  have  thought  it  their  duty  to  suggest  their 
doubts  upon  the  first  point  without  entering  into  an  investigation 
of  it;  they  think  it  sho^l  be  determin’d,  for  unless  it  shall  be  un- 
questionable that  the  U.  S.  have  it  in  their  power  to  give  what  in- 
dulgence or  lay  what  restraints  they  please,  upon  the  intercourse 
of  other  powers  with  these  States,  all  propositions  on  their  part, 
founded  in  the  principles  of  reciprocity,  will  prove  ineffectual ; 
other  powers  will  not  enter  into  engagements  which  are  not  re- 
ciprocal, and  finding  us  incapable  of  laying  similar  restrictions 
on  their  trade,  will  adopt  such  with  respect  to  us  as  they  may 
think  necessary.  The  evil  is  in  this  instance  an  internal  one, 
and  untill  we  apply  a remedy  to  the  source,  all  extra  or  super- 
ficial applications  will  be  unnecessary. 

2.  For  information  upon  the  2*?  point  ‘ whether  such  treaties 
could  be  obtain’d  at  present  &c  ’ the  Committee  are  of  opinion 


JAMES  MONROE.  xliii 


that  recourse  must  be  had  to  the  interests  of  each  power  respec- 
tively as  they  apply  to  these  States.  It  is  the  interest  of  all 
powers  who  have  materials  for  exportation  and  who  wish  to  en- 
courage it,  whether  of  manufactures  or  gross  materials,  to  create 
as  great  a competition  among  the  purchasers,  and  to  impose  as 
light  duties  upon  the  exportation,  as  possible.  With  those  who 
manufacture  only  and  depend  on  other  countries  for  the  raw 
materials,  to  lay  light  duties  upon  the  importation  thereof  and 
to  admit  them  from  every  country.  If  these  principles  are  just 
it  will  be  the  interest  of  every  country  with  whom  we  can  have  a 
commercl  intercourse  to  invite  us  to  the  ports  of  their  capitals,  to 
admit  our  raw  materials,  & to  let  us  take  off  theirs  in  return,  upon 
as  favorable  terms  as  possible.  What  we  shall  then  ultimately 
obtain  from  those  powers  who  have  no  Colonies  or  Islands  we 
shall  probably  obtain  at  present  or  at  any  time,  and  as  well  per- 
haps without  as  with  a treaty.  On  our  part,  as  we  have  many 
gross  materials  for  sale,  and  require  the  greater  part  of  our  manu- 
factures and  many  other  articles  from  beyond  the  Atlantick,  in 
those  articles  we  purchase  and  those  we  carry  to  market  it  is 
our  business  to  create  as  great  a competition  as  possible — to  have 
all  the  world  before  us  in  both  views  and  the  ports  of  these  States 
open  to  all  nations. 

Treaties  between  the  U.  S.  and  powers  thus  circumstanc’d,  or 
having  no  Colonies,  or  with  the  capitals  of  those  who  have  them, 
sho'^  be  of  amity  only,  if  indeed  such  are  necessary  in  the  present 
improv’d  state  of  society,  and  for  this  purpose  [provided  it  did 
not  subject  us  to  the  inconvenience  hereafter  mention’d]  those 
which  stipulate  to  each  party  the  right  of  the  most  fav'l  nation, 
might  perhaps  be  well  adapted. 

But  the  policy  of  the  powers  who  hold  the  W.  India  Islands,  is 
to  monopolize  their  trade  & make  it  subservient  to  their  particu- 
lar aggrandizement.  And  the  countries  to  whom  the  most  valu- 
able belong,  France  and  G.  Britain,  are  those  with  whose  capitals 
we  shall  have,  for  the  interchange  of  our  respective  commodities, 
the  principal  intercourse.  Independent  of  their  colonies  there- 
fore they  might  claim  with  greater  propriety,  than  either  of  the 
other  powers,  perfect  reciprocity.  If  then  they  admitted  us  into 
their  Islands  freely  it  would  be  in  consideration  of  particular 


xliv 


AJVNALS  OF  THE  LIFE  OF 


advantages  in  our  general  commerce,  which  other  nations  sho?  not 
be  entitled  to.  Whether  this  shall  be  the  case  and  to  what  de- 
gree, may  become  a question  in  the  last  resort  but  the  Com- 
mittee are  of  opinion  that  other  measures  sh^l  at  least  be  tried, 
in  the  first  instance. 

By  negociation  in  the  first  instance,  most  probably,  this  end 
will  not  be  obtain’d:  it  is  therefore  best  to  begin  in  a manner 
which  may  be  successful.  Theirs  is  a plan  of  distress  to  us,  and 
ours  must  reciprocate  it.  Upon  what  quarter  of  their  system 
shall  we  begin  ? The  Committee  doubt  the  propriety,  of  taking 
such  measures  only,  as  are  calculated  to  affect  the  Islands:  in 
proportion  as  we  lay  restrictions  upon  their  commerce,  in  the  im- 
portation of  theirs  or  the  exportation  of  our  materials,  be  the 
effect  as  it  may  with  respect  to  the  Islands,  it  will  in  the  degree 
that  it  deprives  us,  of  a mart  for  our  produce,  as  well  as  of  the 
purchase  of  theirs,  certainly  operate  to  our  prejudice.  They 
therefore  advise  at  the  same  time,  those  which  will  be  less 
injurious  to  these  States,  and  strike  more  deeply  into  their  com- 
mercial system.  By  laying  higher  duties  upon  their  vessels  than 
those  of  other  powers,  and  lower  upon  those  of  these  States, 
than  of  any  other  country,  we  shall  essentially  wound  their  genl 
commercial  interests,  and  at  the  same  time  promote  those  of 
these  States.  Whatever  also,  which  hath  heretofore  come  thro’ 
their  ports,  not  of  their  growth,  but  of  the  mediterranean,  the 
East,  or  the  North,  sho^  be  prohibited  here,  and  requir’d  from 
the  ports  of  the  countries  to  which  they  belong.  In  short  while 
these  powers  pursue  their  present  policy  with  respect  to  the 
Islands,  it  is  ours  to  press  them  in  every  vulnerable  part,  and  to 
pursue  it  to  the  utmost  extent  that  our  interest  will  admit  of, 
untill  we  obtain  what  we  seek.  But  altho’  the  policy  of  France 
& G.  B.  is  precisely  the  same,  founded  in  a similarity  of  interests, 
with  respect  to  their  Islands,  and  of  course  the  same  measures 
are  warranted  on  our  side,  with  respect  to  each,  yet  the 
Committee  doubt  the  propriety,  to  the  same  extent,  on  both  at 
the  same  time.  Under  the  treaty  France  is  entitled  to  the  rights 
of  the  most  fav’d  nation,  & in  that  case  the  N.  Netherlands, 
Sweden,  Portugal  and  all  other  powers  otherwise,  not  the  object 
of  restriction,  must  be  included.  They  are  therefore  of  opinion 


JAMES  MONROE. 


xlv 


they  sho'^  apply  in  the  first  instance,  to  G.  Britain  only,  and  if 
they  succeed  with  respect  to  her,  France  must  follow  the  ex- 
ample. Upon  the  whole  the  Committee  are  of  opinion  that 

3.  As  the  trade  with  those  powers  who  have  not  Colonies  in 
America,  is  as  advantageous  to  them  as  it  can  be  to  these  States, 
and  may  be  carried  on  as  well  without  as  with  a treaty,  and  of 
course  can  gain  nothing,  & may  embarrass  us,  that  for  the 
present  it  sho"?  be  declin’d.  If  however  the  contrary  sentiment 
sho‘^  prevail,  that  they  be  so  form’d  as  to  lay  us  under  no 
restraint,  as  to  the  principal  object  which  we  have  in  view  viz:  the 
opening  of  the  W.  India  Islands.  For  this  purpose,  that  our 
engagements  with  each  be  with  it  alone,  separately  and  inde- 
pendently of  its,  or  the  connections  of  the  U.  S.  with  other 
powers,  stipulating  to  their  subjects  certain  rights  & privileges 
within  our  ports,  in  consideration  for  those  of  a similar  nature  to 
our  citizens  within  theirs,  and  that  the  extent  of  the  obligation, 
on  either  side,  be  fully  understood.  That  no  engagement  sho'* 
be  entered  into  with  those  having  possessions  in  the  W.  Indies, 
which  did  not  in  some  degree  open  s'!  possessions  to  the  U.  S. 
whereupon  resolv’d  that  the  two  first  articles  of  said  instructions 
be  repeal’d  & the  following  inserted  in  their  stead,  viz. 

I — That  with  the  nations  holding  possessions  in  the  W.  Indies 
each  party  shall  have  a right  to  carry  their  own  produce,  manu- 
factures, and  merchandize  in  their  own  bottoms  to  the  ports  of 
the  other,  as  well  the  metropolis  as  such  possessions,  & thence  to 
take  back  the  produce  & merchandize  of  the  other,  paying  each 
in  both  cases,  the  same  tonnage  upon  their  vessels  engag’d  in  the 
transportation  thereof — that  if  this  cannot  be  obtained  in  full  as 
to  such  possessions  that  it  be  stipulated  as  to  certain  free-ports 
within  such  possessions — and  if  this  cannot  be  obtained  that  it  be 
stipulated  that  each  party  be  permitted  to  carry  its  own  produce 
in  its  own  bottoms  to  the  ports  of  the  other. 

[2.  That  with  the  other  powers  it  be  stipulated  that  each  party 
shall  have  a right  to  carry  their  own  produce  manufactures] 

2.  That  with  the  other  powers  a direct  and  similar  intercourse 
be  stipulated  with  each  respectively. 

3.  That  it  be  propos’d  to  all  the  said  powers  though  not  indis- 
pensably required,  that  the  same  duties  be  paid  upon  the  goods, 


xlvi  ANNALS  OF  THE  LIFE  OF 


wares,  and  merchandize  of  each  other,  in  the  ports  of  the  U.  S. 
and  theirs  respectively,  ad  valorem  : — “ [Indorsement — On  a 
motion  relative  to  Commercial  treaties,  Ent'l  Read  2.  June, 
1785.  Secret.  But  Congress  order  a written  copy  to  be  made 
out  for  each  State  & deliver’d  to  the  delegates.  Thursday  9 June 
assigned  for  Consideration — ”] 

On  committee  with  Mr.  Ellery,  Mr.  Read,  Mr.  Williamson, 
and  Mr.  Spaight,  to  whom  had  been  referred  the  applications 
from  Canadian  refugees,  praying  relief.  Moved  “ that 


1785. 

June  7. 


the  salary  of  the  commissioner  to  be  appointed  to  settle 
the  accounts  of  the  State  of  Virginia  against  the  United 
States,  under  the  act  of  cession  of  her  claims  to  territory  north- 
westward of  the  River  Ohio,  shall  be  at  the  rate  of  dollars 

per  annum;  and  that  the  resolution  of  the  21st.  day  of  April  1785, 
be  repealed.”  On  motion  of  Mr.  Ramsay  the  amount  was  made 
$2,500.  Amended  June  9. 

Moved  ” that  the  Board  of  Treasury  be  and  hereby  are 
directed  to  take  order  for  the  payment  of  three  hundred  and 
thirty  three  dollars  and  one  third  of  a dollar  to  the 


1785. 

June  9. 


guardian  of  Hugh  Mercer  son  of  the  late  General 
Mercer  for  one  years  education  and  Board.”  [General 
Hugh  Mercer  of  Aberdeen,  Scotland,  died  from  wounds  received 
on  the  battlefield  of  Trenton.] — “ Congress  resumed  the  consid- 
eration of  the  motion  made  yesterday  by  Mr.  Monroe  and  the 
same  being  amended  was  passed  and  Samuel  Holden  Parsons 
elected  Commissioner.” 

Chairman  of  committee,  with  Mr.  Williamson  and  Mr.  Howell. 
Drafted  report  on  letter  from  Baron  Steuben  of  May  3; — ” That 
the  board  of  treasury  take  order  for  the  immediate  pay- 


1785. 

June  13. 


ment  of  the  liquidated  debt  specified  in  the  resolution 
of  the  23rd.  of  March  17,  1785,  to  be  due  baron  Steuben 
on  the  loth.  of  June  1784,  amounting  to  1826^^/95  dollars,  to- 
gether with  interest  thereon.” 

Drafted  the  proposition  of  the  Virginia  delegates: — ‘‘  Whereas 
the  U.  S.  are  plighted  under  the  act  of  cession  from  the  State  of 
Virg*^  of  her  claims  to  territory  no.  westward  of  the  Ohio 


1785. 

June  22. 


agreeably  to  the  conditions  of  the  s'?  account  as  therein 
contained  ‘ to  reimburse  the  State  all  her  reasonable 


JAMES  MONROE. 


xlvii 


1785. 

July  II 


expenses  &c  ’ and  as  a commiss"  is  appointed  on  the  part  of  the 
U.  S.  for  the  adjustment  and  liquidation  of  said  accts.  and  it  is 
necessary  that  provision  be  made  for  complying  with  said  engage- 
ments it  is  therefore  agreed  that  provided  they  shall  be  liquidated 
during  the  operation  of  the  requisition  that dol"  be  ad- 

mitted in  discount  to  the  said  State  for  said  advances.”  [Note 
in  the  handwriting  of  Chas.  Thomson; — ” 60  copies  of  this  must 
be  printed  & ready  to  be  delivered  by  10  oclock.”] 

On  committee  with  Mr.  Ellery,  Mr.  Read,  and  Mr.  Spaight,  to 
whom  was  referred  the  application  of  Canadian  emigrants  touching 
rations.  In  connection  with  this  subject,  moved  that 
it  be  ” Resolv’d  that  the  several  addresses  from  the  U. 
S.  in  Congress  assembled  to  the  people  of  Canada  con- 
tain only  invitations  to  them  to  join  in  the  confederacy  upon  the 
common  principles  of  the  Union,  equally  to  commit  their  lives  & 
fortunes  to  the  uncertain  events  of  war  & to  submit  in  either 
contingence  to  the  consequences  thereof. 

That  as  the  advantages  & disadvantages  in  either  event  were 
before  them,  the  obvious  reward  on  the  one  hand  freedom  & the 
probable  loss  on  the  other,  that  of  life  & property,  the  exertion 
of  every  individual  was  the  effect  of  a voluntary  choice  & a pref- 
erence for  that  alternative  and  that  the  losses  which  he  may  have 
sustain’d  from  the  B.  government  as  a penalty  for  such  conduct 
do  not,  by  any  engagement  express’d  or  complied,  entitle  him  to 
retribution  from  these  States  & that  such  a claim  is  not  author- 
is’d by  the  usage  of  nations  in  similar  circumstances. 

That  the  attachment  of  these  individuals  to  the  American  in- 
terest, their  attention  to  our  troops  in  Canada  & the  losses  w^^ 
these  considerations  expos’d  them  to,  altho  they  found  no  claim 
for  retribution,  entitle  them  to  the  gratitude  & attention  of  these 
States  & that  from  motives  of  humanity  as  well  as  policy  advisable 
to  give  them  such  compensation  as  will  relieve  their  distresses.” 
1785*  On  grand  committee  to  whom  had  been  referred  the 

July  18.  consideration  of  revenues  and  expenses  for  1785. 

On  committee  with  Mr.  Gerry  and  Mr.  Johnson,  conferring  on 
the  S-ecretary  for  Foreign  Affairs  the  power  to  negotiate 
treaty  with  Don  Diego  de  Gardoqui  [Secret  Journal,  3, 
page  568]. 

Moved  the  repeal  of  the  resolution  of  July  25  directing  “ that 


1785. 

July  20. 


xlviii  ANNALS  OF  THE  LIFE  OF 


in  any  State  where  the  United  States  in  Congress  assembled,  may 
hold  their  sessions,  the  taxes  collected  in  such  State,  in  conse- 
quence of  the  general  requisitions,  and  not  appropriated 
for  the  payment  of  interest  on  the  domestic  debt,  shall 
in  the  first  instance  be  paid  into  the  treasury  of  the 
United  States,  anything  in  the  resolution  of  the  15th.  April  last 
to  the  contrary  notwithstanding” — On  committee  with  Messrs. 
Ellery,  Spaight,  and  McHenry,  to  whom  had  been  referred  the 
petition  of  Maurice  Desdevans  respecting  treasury  certificates. 

Chairman  of  committee,  with  Mr.  Pettit,  Mr.  Gerry,  Mr.  Mc- 
Henry, and  Mr.  King.  Drafted  report  on  letter  of  August  15, 
from  the  Secretary  for  Foreign  Affairs:  “ Resolved,  That 


1785- 

Aug.  25. 


the  last  paragraph  in  the  instructions  to  the  Secretary 
to  the  United  States  for  the  department  of  foreign 
affairs,  passed  July  20,  1785,  for  entering  into  a treaty,  compact 
or  convention  with  the  encargardo  de  negocios  of  his  catholick 
majesty,  in  the  words  following:  ‘ That  the  Secretary  to  the 
United  States  of  America  for  the  department  of  foreign  affairs  be 
and  he  is  hereby  instructed,  previous  to  his  making  propositions 
to  don  Diego  de  Gardoqui,  or  agreeing  with  him  on  any  article, 
compact  or  convention,  to  communicate  to  Congress  the  proposi- 
tions to  be  made  or  received  relative  to  such  article,  compact  or 
convention,’  be  repealed,  and  that  the  following  be  substituted 
in  its  place:  That  the  secretary  to  the  United  States  for  the 
department  of  foreign  affairs  be  and  he  is  hereby  instructed,  in 
his  plan  of  a treaty  with  the  encargado  de  negocios  of  his  catho- 
lick majesty,  particularly  to  stipulate  the  right  of  the  United 
States  to  their  territorial  bounds,  and  the  free  navigation  of  the 
Mississippi  from  the  source  to  the  Ocean,  as  established  in  their 
treaties  with  Great  Britain ; and  that  he  neither  conclude  nor  sign 
any  treaty,  compact  or  convention,  with  the  said  encargardo  de 
negocios,  until  he  hath  previously  communicated  it  to  Congress, 
and  receive  their  approbation.” 

Moved:  ” Whereas  doubts  have  arose  with  some  of  the  Commis".^ 
appointed  under  the  resolution  of  the  20th.  of  February  1782  for 
the  settlement  of  the  accounts  of  States  and  Individuals 
I^e^c^*3o  same  against  the  United  States,  whether  the 

resolution  of  the  3"?  of  June  1784  admitting  circumstan- 


JAMES  MONROE. 


xlix 


tial  evidence  in  support  of  such  claims,  where  no  written  vouchers 
are  or  can  be  produced,  should  be  confined  to  the  claims  of  In- 
dividuals only,  or  extend  also  to  those  of  the  States,  which  hath 
occasioned  a delay  in  the  settlement  of  the  Accounts  of  States 
thus  circumstanced  to  their  material  injury;  and  whereas  the 
principle  upon  which  such  mode  of  settlement  is  authorized  with 
respect  to  the  claims  of  Individuals  will  admit  of  no  discrimina- 
tion, but  must  in  justice  and  good  faith,  apply  equally  to  those 
of  States;  the  more  fully  therefore  to  explain  the  objects  of  the 
said  resolution,  and  to  remedy  the  aforesaid  inconvenience,  it  is 
hereby  resolved  That  the  Commissioners  authorized  to  settle  the 
accounts  of  States  and  Individuals  within  the  same  against  the 
United  States  be  instructed,  that  in  cases  where  no  written 
vouchers  are  or  can  be  produced  and  they  shall  receive  satisfac- 
tory evidence  that  such  vouchers  have  been  destroyed  or  lost,  or 
that  from  the  circumstances  of  the  case  they  have  never  been 
obtained,  they  shall  receive  such  other  evidence  in  support  of 
said  claims  of  States  as  well  as  Individuals,  as  shall  be  satisfactory 
to  them  and  the  best  that  the  circumstances  of  the  case  will  admit. 
And  in  case  the  said  Commissioners  or  any  of  them  doubt  the 
truth  or  justice  of  any  account  presented  to  them  for  settlement, 
whether  accompanied  with  written  vouchers  or  not,  they  shall 
examine  him  if  an  Individual,  and  if  an  officer  on  the  part  of  the 
State,  the  said  officer  or  such  other  persons  as  he  shall  think 
proper,  at  their  discretion  upon  an  Oath  as  well  respecting  the 
circumstances  of  the  vouchers,  as  the  justice  and  validity  of 
the  claims  respectively,  provided  that  they  shall  allow  no  claim 
unless  it  shall  be  supported  by  satisfactory  evidence.”  [Indorse- 
ment: ” Order  of  the  day  for  Monday  Jany  9,  1786.”] 

Chairman  of  committee,  with  Messrs.  Johnson,  Gorham,  Sym- 
mes,  and  Livermore,  to  consider  the  sytsem  of  a general 
revenue.  [See  Journal  of  Congress,  for  report  in  full, 
this  date  and  February  15.] 

Moved  that  it  be  ‘‘  Resolved,  That  the  board  of  Treasury  be 
1786.  directed  to  lay  before  Congress  a statement  of  all  sums 
Feb.  10.  of  money  borrowed  from  the  United  States  by  individ- 
ual States,  during  the  late  war.” 

Moved  that  it  be  ” Resolved  That  the  President  and  other 


1 


ANNALS  OF  THE  LIFE  OF 


members  of  Congress  shall  in  all  cases  have  precedence,  and  that 
the  Secretary  of  foreign  affairs  be  instructed  to  give  informa- 
tion thereof  to  the  representatives  of  foreign  powers 
enabled  to  comply  with  the  senti- 
ments of  the  U.  S.  in  Congress  assembled.” 

On  committee  with  Mr.  Pinckney,  Mr.  Dane,  Mr.  Johnson,  and 
Mr.  King  for  revising  the  system  adopted  for  the  settlement  of 
the  accounts  of  the  five  great  departments.  Moved  in 


1786. 
Mar.  24. 


connection  therewith  ” that  the  b.  of  treasury  be 
directed  to  report  to  Congress  the  salary  which  shall  be 
allowed  the  sd.  Comm^  with  the  number  of  clerks  it  will  be  neces- 
sary to  be  employed  under  him  and  the  salaries  which  shall  be 
allowed  to  each.” 

Moved  “that  the  Board  of  Treasury  be  directed  to  take  order 
for  the  payment  of  400  dollars  to  the  guardian  of  Hugh  Mercer,  son 
of  the  late  general  Mercer,  for  his  education  and  board. 


1786. 
May  6. 


for  the  term  of  one  year,  commencing  on  the  27th.  day 
of  April  last.” 

“Report  of  Committee  on  motion  of  Mr  Dane,  for  consider- 
ing & reporting,  the  form  of  a temporary  government  for  the 
western  States  — Ent?  — read  May  Io*^  1786  — The 


1786. 
May  10. 


Com""  M"  Monroe  [Chairman]  Mr  Johnson  M.'^  King 
Mr  Kean  Mr  Pinckney  Thursday  May  18.  1786  assigned 
for  consideration — July  13  1786 — resolve — the  report  as  amended 
inclosed 

“ The  Committee  to  whom  a motion  of  Mr  Dane  was  referr’d 
for  considering  & reporting  the  FORM  of  a TEMPORARY 
GOVERNMENT  for  the  WESTERN  STATES,  beg  leave  to 


report, — 

It  being  stipulated  by  individual  States,  in  their  Acts  of  Cession 
to  the  United  States,  that  the  Territory  thus  ceded  be  laid  into 
States  of  certain  dimensions,  and  admitted  into  the  Confederacy 
with  the  rights  of  the  13  original  States,  it  becomes  necessary, 
that  Congress  should  take  such  measures  as  shall  be  best  calcu- 
lated to  carry  the  said  condition  into  effect.  This  can  be  done 
only  by  promoting  its  settlement  and  securing  to  its  settlers  & 
others  who  may  purchase  the  soil,  the  rights  of  property  and  of 
personal  safety,  with  the  Conditions  upon  which  they  shall 


JAMES  MONROE. 


li 


ultimately  obtain  that  important  privilege.  The  Committee 
therefore  think  it  the  duty  of  Congress  to  adopt  & publish,  pre- 
vious to  the  sale  of  any  part  of  the  said  territory,  the  plan  of  a 
temporary  government  for  said  State  or  States,  with  the  period  at 
which  it  shall  expire,  and  they  assume  their  form  and  equal 
Station  in  the  Confederacy. 

They  are  aware  of  the  propriety  of  defining  in  the  first  instance 
the  bounds  of  the  States  within  which  such  government  shall 
apply;  but  as  Congress  did  on  the  day  of  rec- 

ommend it  to  the  said  States  to  revise  their  Acts  of  Cession,  as  to 
the  said  Condition  which  respects  their  dimensions  so  as  to  enable 
the  United  States  to  make  such  division  of  the  same  as  therein 
described,  it  would  in  their  opinion  be  improper  to  make  any 
further  arrangements  respecting  it  until  the  fate  of  the  said  rec- 
ommendation shall  be  determined.  It  is  however  to  be  under- 
stood, that  if  the  reasons  urged  for  the  proposed  alteration,  shall 
be  satisfactory,  and  the  States  accede  to  it,  the  States  as  therein 
designated,  shall  be  perpetual.  But  if  on  the  contrary,  they 
should  adhere  to  the  said  Condition,  however  unfortunate  it  may 
be  in  its  consequences,  the  States  must  be  contracted  to  an  extent 
of  territory  conformable  to  the  condition  as  it  now  stands. 
Leaving  therefore  this  point  to  be  determined  by  this  event,  the 
Committee  beg  leave  to  submit  the  following  plan  of  temporary 
Government  for  such  State  or  States. 

The  PLAN  of  a TEMPORARY  GOVERNMENT 
for  such  districts  as  shall  be  laid  out  by  the  United  States, 
upon  the  principles  of  the  Acts  of  Cession  from  Individual 
States,  & admitted  into  the  Confederacy. 

THE  United  States  in  Congress  Assembled  will  appoint  a 
Governor,  whose  Commission  shall  continue  in  force  for  the  term 
of  . . . years  unless  sooner  revoked  by  Congress. 

They  will  also  appoint  a Council  consisting  of  five  members, 
whose  Commissions  respectively  shall  continue  in  force  for  the 
term  of  . . . years,  unless  sooner  revoked  by  Congress.  It 
shall  be  the  duty  of  the  Council  in  all  cases,  when  he  shall  require 
it,  to  attend  and  advise  the  Governor  upon  such  subjects  as  he  shall 
submit  to  their  consideration,  respecting  the  affairs  of  the  district, 
and  which  in  his  Opinion  shall  fall  within  his  department. — 


lii  ANNALS  OF  THE  LIFE  OF 


There  shall  likewise  be  appointed  a Secretary  to  the  Governor 
& Council,  whose  business  it  shall  be  to  keep  a Journal  of  all 
proceedings;  carefully  entering  the  advice  of  Council  in  all  cases 
submitted  to  them,  with  those  reasons  which  influenced  the  Gover- 
nor, when  he  disagrees  with  them,  and  acts  differently  for  such 
disagreement;  the  advice  of  Council  to  be  entered  in  all  cases  in 
presence  of  the  Governor  ; and  the  reasons  of  the  Governor  in 
the  other  instance  in  presence  of  the  Council  and  report  a 
Copy  of  all  such  proceedings  every  . . . months  to  . . . 

There  shall  also  be  appointed  a Court,  to  consist  of  five  Mem- 
bers, who  shall  have  a common  law  and  Chancery  Jurisdiction, 
and  whose  Commissions  shall  continue  in  force  during  good 
behaviour. — 

The  Laws  of  . . . except  in  such  cases  as  are  herein  pro- 
vided for,  shall  be  established  in  such  district,  and  continue  in 
force,  subject  only  to  alteration  by  the  General  Assembly  after 
it  shall  be  Organized,  until  its  admission  into  the  Congress  of  the 
United  States.  All  writs  shall  issue,  and  legal  process  be  carried 
on  in  the  Name  of  the  United  States. 

The  Governor  shall,  in  all  cases  of  consequence,  take  the  ad- 
vice of  Council,  but  shall  be  at  liberty  to  pursue  it,  or  act  other- 
wise, as  his  own  Judgment  shall  direct. — 

The  Governor  for  the  time  being,  shall  be  commander  in  Chief 
of  the  Militia;  all  officers  below  the  rank  of  Major,  shall  be  of 
his  appointment;  all  Officers  above  that  rank,  shall  be  appointed 
by  Congress;  and  all  Officers  of  every  rank  and  degree,  shall  be 
Commissioned  by  Congress. — 

The  Governor  shall  form  the  inhabitants  of  such  districts  into 
a Company  or  Regiment,  as  their  numbers  will  admit;  build  a 
fort  or  forts,  and  make  such  other  arrangements  for  their  security 
and  defence,  as  in  his  Opinion  shall  be  necessary;  provided  that 
he  shall  avoid  commencing  hostilities  with  the  Indian  tribes,  to 
whom  the  United  States  have  extended  their  protection,  and  with 
whom  it  is  their  desire  to  be  at  peace. 

Upon  petition  from  the  people  forming  such  settlement  or 
settlements  to  the  Governor,  he  shall  proceed  to  lay  out  their 
lands  into  Counties,  townships,  or  otherwise,  and  make  such  other 
inferior  and  local  arrangements  consistent  with  the  Ordinances 


JAMES  MONROE,  liii 


and  Resolutions  of  Congress  as  shall  in  his  Opinion  be  best  calcu- 
lated to  promote  their  interest  and  happiness. 

So  soon  as  there  shall  be  . . . free  male  inhabitants  of  full 
age  within  the  said  district,  upon  giving  due  proof  thereof  to  the 
Governor,  who  shall  immediately  transmit  the  same  to  Congress 
they  shall  receive  from  them  authority,  with  time  and  place, 
to  elect  Representatives  from  their  Counties  or  Townships,  as 
aforesaid,  to  represent  them  in  general  Assembly;  provided  that 
for  every  . . . free  male  inhabitants,  there  shall  not  be  less 
than  one  Representative,  and  so  on  progressively  with  the  num- 
ber of  free  male  inhabitants  shall  the  right  of  Representation 
encrease  provided,  that  no  person  shall  be  eligible,  or  qualified 
to  act  as  a Representative,  unless  he  shall  be  a Citizen  of  one  of 
the  United  States,  or  have  resided  within  such  district  . . . 
years,  and  shall  likewise  hold  in  his  own  right  in  fee  simple 
. . . acres  of  land  within  the  same;  provided  also,  that  a free- 
hold or  life  estate,  in  50  acres  of  land,  if  a Citizen  of  any  of  the 
U.  S.  and  one  years  residence,  if  a foreigner,  in  addition,  shall  be 
necessary  to  qualify  a man  as  elector  for  the  said  Representative. 

The  Representatives  thus  elected  shall  serve  for  the  term  of 
. . . years,  and  in  cases  of  death,  resignation  or  renunciation 
of  Office,  the  house  of  Representatives  shall  issue  a writ  to  the 
County  or  Township  for  which  he  was  a member,  to  elect  another 
in  his  stead  to  serve  for  the  residue  of  the  time. — 

The  General  Assembly  shall  consist  of  the  Governor  and 
Council,  and  a House  of  Representatives,  who  shall  have  a 
Legislative  authority  complete  in  all  cases  for  the  good  govern- 
ment of  the  district;  provided  however,  it  shall  be  confined 
solely  in  its  acts,  to  such  lands  as  shall  be  disposed  of  by  the 
United  States,  or  have  already  vested  in  proprietors  under  the 
Articles  of  Capitulation  entered  into  with  the  Inhabitants  of 
Kaskaskies,  Vincents  and  the  Neighbouring  Villages  by  the 
Officers  of  the  Commonwealth  of  Virginia,  and  to  the  Officers 
and  soldiers  of  the  Virginia  line,  which  rights  have  been  secured 
to  them  by  the  Act  of  Cession  from  the  said  State  to  the  United 
States;  Provided  also  that  the  lands  of  Non-resident  proprietors 
whether  Citizens  of  the  United  States  or  foreigners  shall  in  no 
instance  be  taxed  higher  than  those  of  Residents. — 


liv 


ANNALS  OF  THE  LIFE  OF 


All  Laws  shall  originate  in  the  House  of  Representatives;  and 
having  passed  there  by  a Majority  of  the  Representatives  of  the 
district,  shall  be  referred  to  the  Governor  for  his  assent;  after 
obtaining  which,  they  shall  be  complete  and  valid;  but  no  bill, 
resolution  Ordinance  or  Legislative  Act  whatever,  shall  be  valid 
or  of  any  force  without  his  assent. — 

The  Governor  shall  have  power  to  convene,  prorogue  or  dis- 
solve the  general  Assembly  at  their  request,  or  when  in  his 
Opinion  it  shall  be  expedient. 

The  said  Inhabitants  or  settlers  shall  be  subject  to  pay  a 
part  of  the  federal  debts  contracted  or  to  be  contracted,  and  to 
bear  a proportional  part  of  the  burdens  of  the  government,  to  be 
apportioned  on  them  by  Congress  according  to  the  same  common 
rule  and  measure  by  which  apportionments  thereof  shall  be  made 
on  the  other  States. 

From  the  time  the  settlers  in  such  district  shall  have  formed  a 
general  Assembly  until  they  shall  be  admitted  by  their  Delegates 
into  Congress,  they  shall  have  authority  to  keep  a member  in 
Congress  with  the  right  of  debating,  but  not  of  voting. — 

The  annual  Salary  of  the  Governor,  shall  be  . . . that  of 
a member  of  Council  ...  of  the  Secretary  ...  of  a Judge 
of  the  Court  . . . 

The  Board  of  Treasury  shall  devise  and  report  the  most  equal 
and  effectual  means  of  assessing  upon  the  said  district  annually 
such  sums  as  shall  be  necessary  to  defray  the  expences  of  its 
government,  until  the  organization  of  the  general  Assembly,  after 
which  such  general  Assembly  shall  have  full  authority  for  the 
purpose. — 

The  object  for  which  this  temporary  government  is  instituted 
being  to  protect  the  persons  & rights  of  those  who  may  settle 
within  such  districts  in  the  infancy  of  their  settlement,  the  United 
States  look  forward  with  equal  anxiety  to  the  period  at  which  it 
shall  cease  and  they  be  admitted,  agreeably  to  the  Condition  of 
the  Acts  of  Cession,  into  the  Confederacy.  This  shall  be  the 
case  so  soon  as  they  shall  respectively  obtain  a common  interest 
in  its  affairs,  with  such  mature  age  and  strength  as  to  be  able  to 
act  for  themselves,  the  highest  and  most  satisfactory  evidence  of 
which  is,  the  number  of  inhabitants  they  will  contain ; It  is  there- 


JAMES  MONROE. 


Iv 


fore  hereby  declared  by  the  United  States  in  Congress  Assembled  that 
so  soon  as  any  of  the  said  districts  shall  contain  an  equal  number 
of  free  male  inhabitants,  with  the  least  numerous  of  the  13  Original 
States  for  the  time  being.,  upon  giving  due  proof  thereof  to  Con- 
gress, the  inhabitants  of  such  district  shall  receive  from  them, 
authority  to  elect  Representatives  to  meet  in  Convention,  at  the 
Metropolis  or  seat  of  government  of  said  district,  to  form  a free 
constitution,  of  their  own — appoint  Delegates  to  the  Congress  of 
the  United  States,  who  shall  be  received  in  the  same,  upon  an 
equal  footing  with  the  13  Original  States,  having  the  same  rights 
of  freedom,  sovereignty  and  Independence  as  the  said  States. — 

Resolv’d  that  the  resolutions  of  the  23^!  of  April  1784  in  the 
following  words  viz:  [here  insert  the  resolutions]  be  and  they 
are  hereby  repeal’d. 

The  following  letter  from  the  Honorable  James  Monroe  to  the 
President  of  Congress  was  read:  “Sir.  As  some  circumstances 
will  put  it  out  of  my  power  to  act  as  a judge  for  the 


1786. 
May  15. 


decision  of  the  controversy  between  the  States  of  Mas- 
sachusetts and  New  York,  I take  the  liberty  to  present 
through  you  my  resignation  to  Congress.  But  at  the  same  time  that 
I withdraw  myself  from  this  office,  it  is  with  particular  pleasure 
that  I assure  your  excellency  of  the  high  sense  and  grateful  re- 
gard I bear  to  the  States  who  have  conferred  this  honor  on  me. 
I am  with  sentiments  of  the  greatest  respect  and  esteem  Yf  Ex- 
cellencys  most  obt.  & most  humble  servant,  Ja®  Monroe.’’ 

Chairman  of  committee,  with  Mr.  Johnson,  Mr.  King,  Mr. 
Kean,  and  Mr.  Pinckney.  Drafted  report  on  treaties  with 
Southern  Indians: — 

“ The  Committee  consisting  of  to  whom  were 

referr’d  the  treaties  with  the  western  & southern  In- 
dians and  the  dispatches  accompanying  them  beg  leave 
to  report  in  part — and  whereas  it  is  unnecessary  to  con- 
tinue the  commissions  longer  in  force,  as  the  future  connection 
and  intercourse  with  the  several  Indian  nations  may,  at  a less 
expence,  be  maintain’d  by  a proper  organization  of  the  Indian 
department  therefore  resolv’d — 

That  the  several  commissions  of  the  7^?"  May  and  22  Sep.  1785 
be  and  are  hereby  revok’d 


1786. 
May  17. 


Ivi 


ANNALS  OF  THE  LIFE  OF 


granted  for  the  purpose  of  treating 
with  the  Indians  in  the  within  [sic\ 
the  northern  middle  & southern  Departments.” 
Seconded  Mr.  King’s  motion  that  the  commissioners  authorized 
to  treat  with  the  Indians  in  the  northern  and  middle 
departments  be  directed  to  render  an  account  for  the 

June  2. 

moneys  and  effects  put  into  their  hands. 

On  committee  with  Mr.  Grayson  and  Mr.  Dane,  to  whom  had 
been  referred  a letter  from  the  Governor  of  Virginia  respecting 
depredations  committed  by  Indians.  In  consideration 


1786. 
June  29. 


1786. 
July  7. 


of  report  on  this  subject,  moved  to  strike  out  the  words 
” making  war  on  them  ” and  alter  the  clause  to  read 
” or  repelling  their  attacks  as  circumstances  may  require,  so  as 
to  secure  the  frontiers  of  the  said  States  from  further  depreda- 
tions.” 

Congress  took  into  consideration  his  motion:  ” That  it  be  rec- 
ommended to  the  legislatures  of  the  States  of  Massachusetts  and 
Virginia,  to  take  into  consideration  their  acts  of  cession 
and  revise  the  same,  so  far  as  to  empower  the  United 
States  in  Congress  assembled,  to  make  such  division 
into  States  of  the  ceded  lands  and  territory,  as  the  situation  of  the 
country  and  future  circumstances  may  require ; with  this  limitation 
and  condition,  however,  that  all  the  territory  of  the  United  States, 
lying  northwest  of  the  River  Ohio,  shall  be  formed  into  a number 
of  States,  not  less  than  2 nor  more  than  5,  to  be  admitted  into 
the  Confederacy  on  the  principles  and  in  the  forms  heretofore 
established  and  provided.” 

Chairman  of  committee,  with  Mr.  Johnson,  Mr.  King,  Mr. 
1786.  Kean,  and  Mr.  Pinckney,  on  treaties  made  with  In- 
July  12.  dians. 

On^  committee  with  Mr.  King,  Mr.  Johnson,  Mr.  Lawrence, 
and  Mr.  Pettit,  to  whom  was  referred  an  act  of  the  State  of  New 
York  passed  May  4,  1786,  entitled  ” An  act  for  giving 
Jufy  *27  granting  to  the  United  States  in  Congress  assembled, 

certain  imposts  and  duties  on  foreign  goods  imported 
into  that  State,  for  the  special  purpose  of  paying  the  principal  of 
the  debt  contracted  in  the  prosecution  of  the  late  war  with  Great 
Britain.  ” 


JAMES  MONROE.  Ivii 


Chairman  of  committee,  with  Mr.  Pinckney,  Mr.  Livermore, 
Mr.  Pettit,  and  Mr.  Sedgwick,  appointed  to  confer  with  the  Legis- 
lature of  Pennsylvania  respecting  the  Impost  Law. 
Drafted  report: — “The  Committee  appointed  under 
the  resolution  of  27  of  July  last  submit  the  following 
report  in  part.  Resolved  That  in  their  opinion  it  is  expedient  an 
application  be  made  immediately  to  the  Legislature  of  Pennsyl- 
vania either  by  the  appointment  of  a Committee  to  attend  and 
confer  with  the  said  Legislature  or  an  address  to  explain  to  them 
more  fully  the  embarrassed  state  of  the  publick  finances  and  to 
recommend  to  the  said  state  to  repeal  the  clause  in  her  act  grant- 
ing the  impost  which  suspends  its  operation  until  all  the  States 
shall  have  granted  the  supplementary  funds,  so  as  to  enable  on 
her  part  the  United  States  to  carry  the  said  system  into  effect  as 
soon  as  possible.  Resolved,  That  it  be  earnestly  recommended 
to  the  Executive  of  the  State  of  New  York  immediately  to  con- 
vene the  legislature  of  the  said  State  to  take  into  consideration 
the  recommendation  of  the  i8th.  of  April  1783  for  the  purpose 
of  granting  the  system  of  impost  to  the  United  States  in  such 
conformity  with  the  acts  and  grants  of  the  other  States,  as  on  her 
part  to  enable  the  United  States  to  carry  the  same  into  immediate 
effect.  That  a Committee  be  appointed  to  confer  with  the  said 
legislature  as  soon  as  it  shall  be  convened,  to  state  to  them  the 
exhausted  and  embarrassed  state  of  the  publick  finances  and  in 
consequence  thereof  the  eminent  disadvantages  which  must  result 
to  the  Union  from  her  failure  to  comply  with  the  said  recom- 
mendation.” 

1786.  Appointed  with  Mr.  King  a committee  to  attend 

Aug.  14.  confer  with  the  Legislature  of  Pennsylvania. 

On  committee,  with  Mr.  Johnson,  Mr.  King,  Mr.  Pinckney, 

and  Mr.  Grayson,  to  whom  had  been  referred  a letter 

1786.  from  the  Governor  of  New  York  of  August  i6th,  re- 
Aug.  22.  . . , . o > 

specting  impost  duties. 

Chairman  of  committee,  with  Mr.  Johnson,  Mr.  King,  Mr. 
Pinckney,  and  Mr.  Smith,  on  the  petition  of  “ Kaskaskians.’ 

Drafted  report:  “ The  Committee  to  whom  was  re- 
Aug '23  ^ petition  from  the  inhabitants  of  Kaskaskias  for 

the  organization  of  a gov‘  over  the  said  district,  submit 


Iviii 


ANNALS  OF  THE  LIFE  OF 


the  following  report  in  part, — Ordered  that  the  Secretary  of 
Congress  inform  the  inhabitants  of  the  said  district  that  Congress 
have  under  their  consideration  the  plan  of  a temporary  gov^  for 
said  district  and  that  its  adoption  will  be  no  longer  protracted 
than  the  importance  of  the  subject  a due  regard  to  their  interest 
may  require.” 

Credentials  as  Delegate  from  Virginia  signed  by  Patrick  Henry 
1785*  (Original  in  ” Papers  of  the  Continental  Congress  ”). 

Nov.  17. 

On  Committee  with  Mr.  King,  Mr.  Pinckney,  Mr.  Kean,  and 
1786.  Mr.  Pettit  i^See  Note,  page  122). 

Feb.  15. 

On  Committee  to  report  on  letter  of  the  Secretary  for  foreign 
1786.  affairs  (^See  Note,  page  132). 

May  31. 

Drafted  Motion  of  the  Delegates  of  Virginia,  respecting  our 
affairs  with  Spain  and  the  navigation  of  the  Mississippi: — ” The 

United  States  in  Congress  assembled  having,  upon  the 

report  of  a committee  to  whom  was  referred  the  com- 

Aug.  29.  : , 

mission  of  Don  Diego  de  Gardoqui,  on  the  20th  of  July, 
1785,  Resolved,  That  the  honourable  John  Jay,  secretary  to  the 
United  States  of  America  for  the  department  of  foreign  affairs,  be 
and  hereby  is  invested  with  full  power,  in  behalf  of  the  United 
States  of  America,  to  treat,  adjust,  conclude  and  sign  with  Don 
Diego  de  Gardoqui,  encargado  de  negocios  of  his  Catholick 
Majesty,  whatever  articles,  compacts  and  conventions  may  be 
necessary  for  establishing  and  fixing  the  boundaries  between  the 
territories  of  the  said  United  States  and  those  of  his  Catholick 
Majesty,  and  for  promoting  the  general  harmony  and  mutual  in- 
terest of  the  two  nations.  That  the  secretary  of  the  United 
States  of  America  for  the  department  of  foreign  affairs  be  and  he 
is  hereby  instructed,  previous  to  his  making  propositions  to  Don 
Diego  de  Gardoqui,  or  agreeing  with  him  on  any  article,  compact 
or  convention,  to  communicate  to  Congress  the  propositions  to 
be  made,  or  received  relative  to  such  article,  compact  or  con- 
vention. 

And  afterwards  on  the  25th  of  August  following,  upon  the  re- 
port of  a committee  on  a letter  of  the  secretary  for  foreign  affairs, 
complaining  of  the  restrictions  imposed  on  him  in  the  said  in- 


JAMES  MONROE.  lix 


structions,  Resolved,  That  the  last  paragraph  in  the  instructions 
to  the  secretary  to  the  United  States  for  the  department  of 
foreign  affairs,  passed  the  20th  of  July,  1785,  for  entering  into  a 
treaty,  compact  or  convention  with  the  Encargado  de  Negocios  of 
his  Catholick  Majesty,  in  the  words  following:  ‘ That  the  secre- 
tary of  the  United  States  of  America  for  the  department  of  foreign 
affairs  be  and  hereby  is  instructed,  previous  to  his  making  propo- 
sitions to  Don  Diego  de  Gardoqui,  or  agreeing  with  him  on  any 
article,  compact  or  convention,  to  communicate  to  Congress  the 
propositions  to  be  made  or  received  relative  to  such  article,  com- 
pact or  convention,’  be  repealed,  and  that  the  following  be  sub- 
stituted in  its  place:  ‘ That  the  secretary  to  the  United  States  for 
the  department  of  foreign  affairs  be  and  he  is  hereby  instructed, 
in  his  plan  of  a treaty  with  the  Encargado  de  Negocios  of  his 
Catholick  Majesty,  particularly  to  stipulate  the  right  of  the 
United  States  to  their  territorial  bounds,  and  the  free  navigation 
of  the  Mississippi,  from  the  source  to  the  ocean,  as  established  in 
their  treaties  with  Great  Britain;  and  that  he  neither  conclude 
nor  sign  any  treaty,  compact  or  convention  with  the  said  En- 
cargado de  negocios,  until  he  hath  previously  communicated  it 
to  Congress  and  received  their  approbation.’ 

And  the  said  secretary  having,  on  the  29th  of  May,  1786,  ad- 
dressed a letter  to  the  President  of  Congress  on  the  subject  of 
the  said  negociations  to  the  following  effect:  ‘ Office  for  Foreign 
Affairs,  May  29,  1786. — Sir,  In  my  negociations  with  Mr.  Gar- 
doqui I experience  certain  difficulties,  which,  in  my  opinion, 
should  be  so  managed  as  that  even  the  existence  of  them  should 
remain  a secret  for  the  present.  I take  the  liberty  therefore  of 
submitting  to  the  consideration  of  Congress,  whether  it  might 
not  be  advisable  to  appoint  a committee,  with  power  to  instruct 
and  direct  me  on  every  point  and  subject  relative  to  the  proposed 
treaty  with  Spain.  In  case  Congress  should  think  proper  to  ap- 
point such  a committee,  I really  think  it  would  be  prudent  to 
keep  the  appointment  of  it  secret,  and  to  forbear  having  any 
conversation  on  subjects  connected  with  it,  except  in  Congress, 
and  in  meetings  on  the  business  of  it.  With  great  respect  I have 
the  honour  to  be  your  excellency’s  most  obedient  and  very 
humble  servant,  [Signed]  John  Jay.’ 


lx 


ANNALS  OF  THE  LIFE  OF 


And  upon  being  afterwards  called  before  Congress  to  explain, 
&c.  proceeded,  in  a written  statement  of  August  13th,  for  the 
reasons  therein  contained,  to  advise,  that  the  United  States 
enter  into  a treaty  with  Spain  upon  the  following  principles. 
‘ I.  That  all  commercial  regulations  affecting  each  other  shall 
be  founded  in  perfect  reciprocity,  Spanish  merchants  shall 
enjoy  all  the  commercial  privileges  of  native  merchants  in  the 
United  States,  and  the  American  merchants  shall  enjoy  all  the 
commercial  privileges  of  native  merchants  in  the  kingdom  of 
Spain,  and  in  the  countries  and  other  islands  belonging  and  ad- 
jacent thereto.  The  same  privileges  shall  extend  to  their  respec- 
tive vessels  and  merchandise  consisting  of  the  manufactures  and 
productions  of  their  respective  countries.  2.  Each  party  may 
establish  consuls  in  the  countries  of  the  other,  excepting  such 
provinces  in  Spain  into  which  none  have  heretofore  been  admitted, 
viz.  Bilboa  and  Guipuscoa,  with  such  powers  and  privileges  as 
shall  be  ascertained  by  a particular  convention.  3.  That  the 
bona  fide  manufactures  and  productions  of  the  United  States, 
tobacco  only  excepted,  which  shall  continue  under  its  present 
regulations,  may  be  imported  in  American  or  Spanish  vessels  into 
any  parts  of  his  Majesty’s  European  dominions  and  islands  afore- 
said, in  like  manner  as  if  they  were  the  productions  of  Spain; 
and  on  the  other  hand  that  the  bona  fide  manufactures  and 
productions  of  his  majesty’s  dominions  may  be  imported  into  the 
United  States  in  Spanish  or  American  vessels,  in  like  manner  as 
if  they  were  the  manufactures  and  productions  of  the  said  states: 
and  further,  that  all  such  duties  and  imposts  as  may  mutually  be 
thought  necessary  to  lay  on  them,  by  either  party,  shall  be  ascer- 
tained and  regulated  on  principles  of  exact  reciprocity,  by  a tariff 
to  be  formed  by  a convention  for  that  purpose,  to  be  negociated 
and  made  within  one  year  after  the  exchange  of  the  ratifications  of 
this  treaty;  and  in  the  meantime  that  no  other  duties  or  imposts 
shall  be  exacted  from  each  others  merchants  and  ships,  than  such 
as  may  be  payable  by  natives  in  like  cases.  4.  That  inasmuch 
as  the  United  States,  from  not  having  mines  of  gold  and  silver, 
may  often  want  supplies  of  specie  for  a circulating  medium,  his 
Catholick  Majesty,  as  a proof  of  his  good  will,  agrees  to  order  the 
masts  and  timber  which  may  from  time  to  time  be  wanted  for  his 


JAMES  MONROE,  Ixi 


royal  navy,  to  be  purchased  and  paid  for  in  specie  in  the  United 
States;  provided  the  said  masts  and  timber  shall  be  of  equal 
quality,  and  when  brought  to  Spain  shall  not  cost  more  than  the 
like  may  there  be  had  from  other  countries.  5.  It  is  agreed  that 
the  articles  commonly  inserted  in  other  treaties  of  commerce  for 
mutual  and  reciprocal  convenience  shall  be  inserted  in  this;  and 
that  this  treaty,  and  every  article  and  stipulation  therein,  shall 

continue  in  full  force  for years,  to  be  computed  from  the 

day  of  the  date  thereof.  In  consideration  for  which  we  are  to 
forbear  the  navigation  of  the  Mississippi  for years.’ 

The  secretary  having  thus,  agreeably  to  his  statement  afore- 
said, conducted  the  negociation  committed  to  his  care  with  the 
Encargado  of  Spain  to  a point,  it  becomes  the  duty  of  the  United 
States  to  examine  well  the  measures  they  now  take,  that  they 
may  be  calculated  to  secure  the  friendship  of  the  catholick  King, 
and  preserve  at  the  same  time  the  honour  and  the  interests  of  the 
confederacy.  These  must  be  either  in  conformity  with  the 
opinions  of  the  secretary,  or,  from  a conviction  of  their  impro- 
priety, by  adopting  some  other  plan,  which  shall  appear  prefer- 
able to  it;  it  will  therefore  be  well,  in  the  first  instance,  to 
examine  the  plan  itself. — The  secretary  hath  united  the  project 
of  a commercial  treaty  with  Spain,  with  the  interfering  claims  of 
the  two  powers  respecting  the  boundaries  and  the  Mississippi, 
and  proposes,  that  to  obtain  what  he  terms  liberal  terms  in  com- 
merce, we  should  by  compact  forbear  the  use  of  the  navigation 
of  the  Mississippi  for  the  period  of  the  treaty;  that  the  claims  of 
the  parties  respecting  the  boundaries  remain  as  they  are,  to  be 
the  subject  of  future  discussion  and  compromise.  The  project 
is  a plain  and  simple  one.  It  proposes  to  give  the  merchants, 
the  vessels,  and  the  productions  and  manufactures  of  each  coun- 
try in  the  ports  of  each  other,  viz.  those  of  Spain  in  the  ports  of 
the  United  States,  and  those  of  the  United  States  in  the  ports 
of  Spain  and  the  Canaries,  the  same  privileges  as  if  they  were 
those  of  the  country  itself.  It  behooves  us,  therefore,  in  the  first 
instance  to  inquire,  what  alteration  this  will  make  in  those  in- 
stances from  the  condition  on  which  we  now  stand.  Secondly, 
whether  this  alteration,  if  there  should  be  any,  will  be  beneficial 
to  the  United  States. 


Ixii  ANNALS  OF  THE  LIFE  OF 


1.  As  to  merchants.  We  cannot  suppose  (and  believe  the 
contrary  to  be  the  case)  that  the  King  of  Spain  makes  any  dis- 
crimination in  the  ports  aforesaid  between  merchants,  his  subjects, 
and  those  of  other  nations.  The  laws  of  Spain  distinguish  only 
articles  of  commerce,  and  those  into  such  as  are  and  such  as  are 
not  contraband ; and  the  penalties  and  privileges  are  precisely  the 
same  in  both  instances  in  their  application  to  foreigners  and 
subjects.  If  discriminations  therefore  in  this  line  can  be  bene- 
ficial, we  tie  up  our  hands  from  extending  them  to  our  citizens, 
without  obtaining  any  consideration  for  it. 

2.  As  to  vessels  engaged  in  the  carriage  of  the  manufactures 
of  both  countries.  Spain  hath  no  navigation  act.  To  the  ports 
which  are  open,  the  vessels  of  all  countries  are  admitted,  and  in 
the  carriage  even  of  her  own  productions  and  manufactures,  upon 
the  same  footing  with  those  of  her  own  subjects.  Here  we  bind 
up  ourselves  again,  without  a valuable  consideration  for  it. 

3.  As  to  productions,  &c.  The  two  nations  engage  to  receive 
those  of  each  other  into  the  ports  aforesaid,  as  if  they  were  their 
own.  With  respect  to  Spain  and  the  Canaries  this  is  certainly 
the  case  at  present.  The  productions,  &c.  of  the  United  States 
(tobacco  excepted,  which  is  hereby  excluded)  are  admitted  into 
the  ports  aforesaid,  in  the  most  liberal  manner  that  the  article 
will  admit  a construction  of,  and  precisely  upon  the  same  terms 
with  similar  articles,  the  growth  of  the  colonies  of  Spain,  in 
different  quarters  of  the  globe:  so  that  this  treaty  will  not  open 
to  us  a single  port,  nor  admit  us  into  those  now  open  upon  better 
terms  than  those  we  now  enjoy.  Can  these  positions  be  contro- 
verted, that  neither  our  merchants,  our  vessels,  nor  our  produc- 
tions, will  be  received  into  the  ports  of  Spain  and  the  Canaries, 
upon  different  terms  from  those  on  which  they  are  now  received  ? 
If  this  is  not  the  case,  let  the  contrary  be  shown. 

But  how  will  the  secretary’s  project  affect  us  ? The  merchants 
of  Spain  shall  have  in  our  ports  the  rights  of  the  native  mer- 
chants of  America.  When  we  consider  that  our  commerce  is 
subjected,  in  every  article,  to  the  most  severe  restrictions,  in 
almost  every  foreign  port;  that  under  the  necessary  encourage- 
ment given  by  France  and  Britain  to  their  own  fisheries,  that 
article  is  excluded  from  their  ports;  that  the  Mediterranean  sea 


JAMES  MONROE.  Ixiii 


is  shut  against  us;  and  that  it  is  the  interest  of  those  powers,  as 
it  would  after  this  treaty  be  that  of  Spain  also,  it  should  be  so 
always;  that  the  West  India  islands  are  also  occluded  almost 
altogether;  that  the  wheat  and  rice  trade  is  from  these  causes 
greatly  injured;  that  the  tobacco  is  a monopoly  in  the  hands  of 
the  Farmers  General  in  France;  in  Spain  a contraband.  Thus 
banished  from  the  European  countries  and  their  dependencies, 
one  would  suppose  it  the  duty  of  every  wise  American  statesman 
to  secure  our  rights  and  interests  at  home ; to  give  in  our  own 
ports  to  our  own  citizens  exclusive  privileges:  but  of  this  advan- 
tage the  project  would  deprive  them. 

Spain  shall  be  admitted  into  the  carriage  of  our  productions, 
&c.  upon  the  same  footing  that  we  are  into  that  of  hers.  If  the 
materials  of  both  parties  were  such  as  to  employ  the  same  num- 
ber of  vessels  in  the  carriage,  such  a compact  would,  on  the  part 
of  these  states,  in  their  circumstances,  be  unwise.  But  when  we 
consider  how  few  ships  will  be  employed  in  the  carriage  of  the 
productions,  &c.  of  Spain,  how  unimportant  they  are  in  point  of 
bulk  and  proportion  to  that  of  the  productions  of  these  states, 
the  disadvantage  of  the  stipulation  must  obviously  occur.  How 
contrary  would  such  a stipulation  be  to  the  policy  of  Great 
Britain,  to  the  policy  of  her  navigation  act,  an  act  which  gives  to 
her  own  subjects,  in  their  intercourse  with  all  other  nations,  high 
privileges  and  immunities  they  do  not  enjoy.  To  the  wisdom  of 
this  act  and  her  other  regulations  in  commerce,  it  is  owing,  that 
she  hath  attained  to  such  a height  of  power  and  grandeur  on  the 
seas,  as  to  be  at  the  same  time  the  terrour  and  the  admiration  of 
the  world;  that  her  subjects  have  obtained  such  commercial 
wealth  and  astonishing  resources,  as  to  be  able  to  support  her  in 
the  most  splendid  enterprises,  and  the  longest  and  most  difficult 
wars  that  her  councils  could  devise,  or  the  change  of  fortune  ex- 
pose her  to.  Yet  of  the  right  of  adopting  and  pursuing  such  a 
system  of  policy,  or  in  any  degree  discriminating  in  favour  of  our 
own  carriage,  would  the  project  deprive  us. 

Spain  shall  have  a right  to  bring  her  manufactures,  &c.  here, 
and  take  off  our  own,  (tobacco  excepted)  in  the  same  manner  as 
if  they  were  her  own.  It  is  difficult  to  understand  the  nature  of 
this  engagement.  If  by  this  it  is  meant  that  productions,  &c. 


Ixiv 


ANNALS  OF  THE  LIFE  OF 


of  the  one  shall  of  right  be  admitted  into  the  ports  of  the  other, 
independent  of  the  will  of  the  other,  after  this  treaty  for  that  term, 
the  duties  remaining  as  they  are  (tobacco  only  excepted)  its  opera- 
tion is  very  extensive  and  important.  The  parties  have  in  that 
instance  given  up  the  right  of  prohibition  or  restriction  on  imports 
or  exports,  which  do  not  apply  at  the  time  to  similar  articles  of 
their  own.  The  case  is  perhaps  without  a precedent,  and  one 
would  suppose  it  never  could  have  one,  unless  the  family  com- 
pact between  the  different  branches  of  the  house  of  Bourbon  may 
be  considered  as  such,  which  was  even  between  those  nations 
found  inconvenient;  and  afterwards  by  the  treaty  of  Paris,  in 
1763,  annulled.  Independent  nations  have  always  heretofore 
retained  to  themselves  the  right  of  regulating  their  own  interiour 
police,  which  they  could  not  do  if  thus  connected,  and  made 
dependent  on  that  of  others,  and  by  that  means  of  securing  to 
themselves  a reciprocity  in  their  intercourse  with  other  nations. 
Many  are  the  purposes  to  which  the  exercise  of  this  power  in 
different  countries  is  made  subservient,  depending  in  each  on  a 
variety  of  circumstances;  the  nature  of  the  government,  the  man- 
ners of  the  people,  state  of  population,  resources,  and  the  pur- 
poses to  which  it  might  incline  to  turn  them,  with  others,  that 
upon  examination  might  occur.  But  here  they  might  be  defeated. 
If,  for  instance,  the  object  was  to  promote  virtue  and  frugality, 
by  prohibiting  the  importation  of  foreign  luxuries;  if  to  encour- 
age manufactures  and  to  countenance  the  mechanical  arts  at 
home,  by  prohibiting  imports  from  other  countries,  the  right  by 
this  treaty  would  be  abrogated.  In  short,  the  police  of  these 
states  would  be  so  interwoven  with  that  of  Spain,  and  the  man- 
agement of  her  own  system  made  so  dependent  on  her  will,  that 
we  should  not  be  able  to  act  on  it  afterwards.  Such  a stipulation 
would  also  be  contrary  to  the  federal  compact;  for  by  it  each 
state  retains  the  right  of  prohibiting  the  importation  or  exporta- 
tion of  any  species  of  goods  or  commodities  whatever.  If  such 
then  is  its  purport,  it  is  in  direct  violation  of  the  compact  itself, 
and  of  course  void.  If  it  is  our  intention  to  merit  and  preserve 
the  confidence  of  our  constituents,  we  should  hold  this  compact 
sacred:  and  if  to  support  any  character  among  the  nations  of  the 
earth,  we  should  enter  into  no  engagements  we  cannot  fulfil.  It 


JAMES  MONROE. 


Ixv 


is  sufficiently  low  already;  we  need  not  debase  it  further.  If, 
on  the  other  hand,  they  retain  the  right  of  prohibiting,  or  of  en- 
couraging imports  and  exports,  by  imposing  what  duties  they 
may  from  time  to  time  think  proper,  under  this  restriction  only, 
that  their  subjects  and  citizens  respectively  shall  pay  in  the  ports 
of  each  other  the  duties  of  natives  only,  the  effect  will  be  very 
confined  and  unimportant.  It  is  still  within  the  power  of  each 
nation  to  suspend  all  commercial  intercourse  with  the  other  ; 
for  by  prohibiting  the  importation  of  the  manufactures  and  pro- 
ductions of  the  other,  by  its  own  subjects  or  citizens,  the  prohibi- 
tion is  extended  to  those  of  the  other,  and  the  commerce  at  an 
end.  Each  party  still  retains  the  right  of  contracting  with  others, 
and  without  restraint.  For  instance,  Spain  might  covenant  with 
France  to  admit  her  flour  or  fish  into  her  ports,  paying  the  duty 
of  five  per  cent,  ad  valorem ; and  afterwards  impose  twenty  per 
cent,  on  similar  articles  from  these  States.  If  the  same  duty  on 
our  commodities  was  imposed  equally  on  her  own  and  our  citi- 
zens, there  would  be  no  violation  of  the  treaty;  and  thus,  while 
she  preserved  her  faith  with  us,  she  would  give  a monopoly  in  these 
articles  to  France.  So  that  in  either  view,  this  stipulation,  which 
the  secretary  holds  to  be  so  liberal  and  advantageous,  will  not 
bear  a close  examination.  It  presents  at  first  view,  in  appearance, 
plausible  colours,  but  when  investigated,  will  be  found  to  be  either 
mischievous,  or  at  best  of  no  advantage  to  these  United  States. 

Our  treaties  with  France,  the  United  Netherlands,  Sweden, 
Prussia,  &c.  stipulate  to  each,  ‘ the  right  of  the  most  favoured 
nation.’  These  nations,  therefore,  coming  into  the  terms  of 
Spain,  will  be  entitled  to  these  benefits;  and  that  they  will,  can- 
not be  questioned;  for  in  so  doing,  they  give  up  little  or 
nothing.  The  evils  of  this  project  will  therefore  be  almost 
universal,  and  of  course  without  remedy.  They  will  also  of 
right  require  a consideration  for  so  doing,  equivalent  to  the  value 
of  the  occlusion  of  the  Mississippi.  In  addition  to  which  the 
article  of  tobacco  will  by  compact  be  excluded  from  all  their 
ports,  as  well  as  from  those  of  Spain. 

Spain  is,  of  all  countries,  the  one  from  whose  commercial  re- 
strictions we  have  the  least  to  fear;  and  of  course  the  one  with 
whom  there  is  the  least  necessity  for  our  binding  ourselves  under 


Ixvi 


ANNALS  OF  THE  LIFE  OF 


any  engagements  to.  Her  exports  are  but  few,  and  her  com- 
merce with  all  nations  against  her.  Encumbered  with  her  im- 
mense and  opulent  colonies,  the  great  exertion  of  the  Spanish 
Monarchy  is  to  keep  them  together.  The  price  of  an  alliance 
with  Britain,  is  exclusive  advantages  in  trade.  This  separates  her 
from  France;  and  in  the  superiority  of  her  fleets  puts  her  com- 
merce and  her  colonies  together  into  the  arms  of  Britain.  Spain 
will  therefore  maintain  her  connexions  with  France,  from  whose 
superiority  by  sea  she  hath  less  to  fear,  and  cultivate  the  friend- 
ship of  the  United  States.  A connexion  with  Britain  turns  the 
scale  against  the  other  powers  in  favour  of  Britain,  and  makes 
her  a British  colony.  A connexion  with  France  and  the  allies 
of  France  preserves  things  as  they  now  stand:  we  may  therefore 
safely  conclude,  that  as  the  friendship  of  the  United  States  must 
form  an  essential  part  of  her  system,  that  if  she  fails  in  the 
present  object,  which  from  the  disposition  of  the  United  States 
(made  known  to  her  by  the  secretary  himself  at  the  court  of 
Spain,  in  the  midst  of  the  war,  and  while  surrounded  with  diffi- 
culties) she  must  calculate  on,  she  will  either  come  forward  and 
grant  fully  the  terms  we  require,  or  at  least  still  seek  an  accom- 
modation by  the  most  friendly  and  conciliating  attention  to  our 
interests.  By  procrastination  she  will  still  court  our  commerce, 
and  continue  to  exert  her  influence  with  the  regency  of  Algiers, 
&c.  for  the  relief  of  our  prisoners,  and  with  other  powers  in  our 
favour  by  bargain.  Unless  these  advantages  become  a part  of 
the  treaty,  we  lose  them. 

As  to  the  surrender  or  forbearance  of  the  use  of  the  navigation 
of  the  Mississippi  for  the  term  proposed,  for  the  consideration 
proposed,  (the  right  of  the  United  States  to  dismember  the  gov- 
ernment being  out  of  the  question)  it  is  inadmissable  for  the 
reasons  above  stated;  but  it  is  also  inadmissable  upon  the  prin- 
ciple of  the  right,  and  independent  of  the  right,  upon  the  highest 
principles  of  national  expedience,  which  apply  even  if  the  com- 
mercial project  were  an  advantageous  one.  In  the  present  state 
of  the  powers  of  Congress,  it  should  be  the  policy  of  every  wise 
statesman  to  pursue  such  a system  of  conduct  as  shall  be  best 
calculated  to  gain  the  confidence  of  the  several  states  in  the 
federal  councils,  and  thereby  an  extension  of  their  powers;  but 


JAMES  MONROE. 


Ixvii 


this  measure  we  apprehend  would  tend  to  defeat  that  object. 
The  states  who  have  ceded  it,  and  the  confederacy  at  large,  look 
up  to  the  western  lands  as  a substantial  fund  for  the  discharge  of 
the  publick  debt.  The  value  of  these  lands  will  depend  in  a 
great  measure  on  the  navigation  of  the  Mississippi.  By  suspend- 
ing this  right  we  depreciate  this  fund,  unnecessarily  burden  the 
confederacy  with  an  additional  weight,  and  proportionally  injure 
the  publick  creditors.  By  the  compact  with  Virginia  it  is  stipu- 
lated, that  the  western  country  shall  be  divided  into  states,  and 
admitted  with  the  rights  of  the  original  states  into  the  confed- 
eracy. The  spirit  of  this  compact  is,  that  the  territory  should 
retain  all  its  rights,  and  have  them  promoted  under  the  patronage 
of  Congress.  This  act  would  therefore  be  a direct  violation  of 
it,  and  have  a tendency  to  fix  the  weight  of  population  on  one 
side  of  the  continent  only.  But  the  dismemberment  of  the 
government,  which  this  unquestionably  is,  without  the  consent 
of  the  state  interested,  one  would  suppose  would  prevent  even 
the  consideration  of  the  subject  by  Congress.  That  the  United 
States  have  a right  to  the  free  navigation  of  the  Mississippi,  and 
the  boundaries  as  established  in  the  treaty  with  Great  Britain,  is 
a truth  too  well  established  in  the  journals  of  Congress,  and  too 
fully  supported  by  their  acts  on  the  subject,  to  require  anything 
to  be  said  at  this  day  in  its  favour.  To  proceed  on  a contrary 
principle  would  manifest  such  a contradiction  to  their  former  acts, 
and  be  such  a subversion  of  the  rights  of  nature  and  the  states, 
as  to  lessen  them  throughout  the  world.  It  would  also  be  such 
a sacrifice  for  particular  purposes,  as  would  be  obvious  to  even 
the  most  undiscerning.  The  right,  therefore,  cannot  now  be 
called  in  question ; nor  can  it  be  a principle  on  which  we  are  to 
act.  ‘ Can  the  United  States  then  dismember  the  government 
by  a treaty  of  commerce  ? ’ 

To  evince  the  contrary  let  us  recur  to  the  writers  on  the  laws 
of  nations  on  the  subject.  Vattel,  vol.  i.  p.  105.  book  i.  chap. 
21.  sec.  260.  ‘ The  prince  or  superiour  of  the  society,  whatever 

he  is,  being  naturally  no  more  than  the  administrator,  and  not 
the  proprietor  of  the  state,  his  authority,  as  sovereign  or  head  of 
the  nation,  does  not  of  itself  give  him  a right  to  alienate  or  dis- 
pose of  the  publick  property.  The  general  rule  then  is,  that  the 


Ixviii 


ANNALS  OF  THE  LIFE  OF 


superiour  cannot  dispose  of  the  publick  property,  as  to  its  sub- 
stance. If  the  superiour  make  use  of  this  property,  the  alienation 
he  makes  of  it  will  be  invalid,  and  may  at  any  time  be  revoked 
by  his  successor,  or  by  the  nation.  This  is  the  law  commonly 
received  by  France;  and  it  was  upon  this  principle  that  the  duke 
of  Sully  advised  Henry  fourth  to  resume  the  possession  of  all  the 
domains  of  the  crown  alienated  by  his  predecessors. 

The  nation  having  the  free  disposal  of  all  the  property  belong- 
ing to  it,  it  may  convey  this  right  to  the  sovereign,  and  conse- 
quently confer  upon  him  that  of  alienating  and  mortgaging  the 
publick  property.  But  this  right  not  necessarily  belonging  to  the 
conductor  of  the  state  to  enable  him  to  render  the  people  happy 
by  his  government,  it  is  not  to  be  presumed  that  the  nation  has 
given  it  him ; and  if  it  has  not  made  an  express  law  for  that  pur- 
pose, it  ought  to  be  maintained  that  the  prince  is  not  vested 
with  it.’  Sec.  265.  ‘ The  prince,  the  superiour  of  whatever  kind, 

has  he  the  power  to  dismember  the  state  ? Let  us  answer  as  we 
have  done  above  with  respect  to  the  domain.  If  the  fundamental 
laws  forbid  the  dismembering,  he  cannot  do  it  without  the  con- 
currence of  the  nation,  or  its  representatives.  But  if  the  laws  are 
silent,  and  if  the  prince  has  received  full  and  absolute  author- 
ity, he  is  then  the  depository  of  the  rights  of  the  nation,  and  the 
organ  by  which  it  declares  its  will.  The  nation  ought  never  to 
abandon  its  members,  but  in  a case  of  necessity,  or  with  a view 
to  the  publick  safety,  and  to  preserve  itself  from  ruin;  and 
the  prince  ought  only  to  cede  them  for  the  same  reasons;  but 
since  he  has  received  an  absolute  authority,  he  is  to  judge  of  the 
necessity  of  the  case,  and  what  the  safety  of  the  state  requires. 

On  occasion  of  the  treaty  of  Madrid,  the  principal  persons  in 
France  assembled  at  Cognac  after  the  King’s  return,  unanimously 
concluded  that  his  authority  did  not  extend  so  far  as  to  dismem- 
ber the  crown,  and  the  treaty  was  declared  void,  as  contrary  to 
the  fundamental  laws  of  the  kingdom;  indeed  it  was  done  with- 
out sufficient  power,  the  law  in  express  terms  refusing  the  King 
the  right  of  dismembering  the  kingdom:  the  concurrence  of  the 
nation  was  necessary  for  this  purpose,  and  it  might  give  its  con- 
sent by  the  medium  of  the  States-General.  Charles  the  fifth 
ought  not  to  have  released  his  prisoner  before  those  very  states 


JAMES  MONROE. 


Ixix 


had  approved  the  treaty,  or  rather,  making  a more  generous  use 
of  his  victory,  he  should  have  imposed  less  rigorous  conditions, 
such  as  it  was  in  the  power  of  Francis  to  grant,  and  with  which 
he  could  not  have  refused  to  comply  without  shame.  But  at 
present,  when  the  States-General  do  not  assemble  in  France,  the 
King  remains  the  sole  organ  of  the  state  with  respect  to  other 
powers:  they  have  a right  to  take  his  will  for  that  of  all  France; 
and  the  cessions  the  King  might  make  them,  would  remain  valid, 
in  virtue  of  the  tacit  consent  by  which  the  nation  has  submitted 
all  power  into  the  hands  of  the  King  with  respect  to  treaties. 
Were  it  otherwise,  no  certain  treaty  could  be  entered  into  with 
the  crown  of  France.  However,  by  way  of  precaution,  other 
powers  have  often  demanded  that  their  treaties  should  be  regis- 
tered in  the  parliament  of  Paris;  but  at  present  this  formality 
seems  to  be  laid  aside.’ 

Vol.  2.  p.  ii6.  Book  4.  ch.  2.  sect.  10.  ‘ When  a limited  power 

is  authorized  to  make  peace,  as  he  cannot  of  himself  grant  every 
condition,  in  order  to  treat  on  sure  grounds  with  him,  it  must  be 
required  that  the  treaty  of  peace  be  approved  by  the  nation  or 
the  power  which  can  make  good  the  conditions.  If  for  instance, 
in  treating  of  a peace  with  Sweden,  a defensive  alliance  and  a 
guarantee  be  required  for  the  condition,  this  stipulation  will  be  of 
no  effect,  unless  approved  and  accepted  by  the  diet,  which  alone 
has  the  power  of  imparting  validity  to  it.  The  Kings  of  England 
conclude  treaties  of  peace  and  alliance;  but  by  these  treaties, 
they  cannot  alienate  any  of  the  possessions  of  the  crown  without 
the  consent  of  Parliament.’ 

By  the  second  Art.  of  the  Confederation  of  these  United 
States,  each  State  retains  its  sovereignty,  freedom  and  independ- 
ence, and  every  power,  jurisdiction  and  right  which  is  not  therein 
expressly  delegated  to  the  United  States  in  Congress  assembled. 
This  is  a fundamental  law  of  the  Nation,  and  the  powers  granted 
in  the  9th  article  to  make  treaties  must  be  construed  in  sub- 
ordination to  it.  No  treaty  even  of  peace  entered  into  by  the 
United  States  in  Congress  assembled,  extending  to  a cession  or 
suspension  of  the  rights  of  any  of  the  states  without  their  consent, 
can  therefore  be  valid;  much  less  can  such  a treaty  of  commerce, 
which  in  point  of  political  necessity  can  never  be  so  pressing. 


Ixx 


AJVATAZS  OF  THE  LIFE  OF 


How  then  shall  we  proceed  in  the  present  critical  circumstances 
with  Spain  ? An  honourable  arrangement  with  the  court  of  Spain 
upon  these  points,  and  an  advantageous  treaty  of  commerce, 
though  indeed  whilst  our  trade  is  so  restrained  by  the  piratical 
powers,  it  will  be  of  less  consequence  than  it  otherwise  would 
be,  are  certainly  desirable  objects.  A continuance  of  the  nego- 
ciation  in  the  hands  of  the  secretary  alone,  as  his  sentiments  are 
now  known  in  Congress,  and  differ  so  widely  from  the  opinions 
of  several  states  in  this  Confederacy,  especially  upon  the  points 
relative  to  the  Mississippi  and  the  boundaries,  would  not  be  ad- 
visable. Upon  the  first  point,  therefore,  it  will  be  proper  to 
instruct  our  charge  des  affaires  at  the  court  of  Spain  to  agree  with 
that  court  on  the  principles: — the  treaty  ultimately  to  be  con- 
cluded here — that  it  be  negociated  under  the  mediation  of  France. 
Upon  the  second  it  will  be  proper,  agreeably  to  the  arrangement 
at  Annapolis,  that  two  other  commissioners  be  appointed  with 
Mr.  Jay,  the  consent  of  the  majority  of  whom  shall  be  necessary 
to  conclude  the  treaty. 

It  is  to  be  observed  that  the  secretary  hath  no  power  to  treat 
on  the  subject  of  commerce,  being  confined  solely  to  the  interfer- 
ing claims  of  the  two  parties  as  above.  The  power  to  form  such 
a treaty  with  Spain  having  been  committed  to  Messrs.  Adams, 
Franklin  and  Jefferson,  at  Annapolis,  of  7th  May,  1784,  under  a 
commission  which  had  then  one  year  to  run,  with  all  the  other 
powers  of  Europe,  upon  principles  then  agreed  on  as  applying  to 
all.  This  must  be  the  more  obvious  from  the  care  the  United 
States  have  always  taken  to  establish  the  principles  in  Congress 
upon  which  their  treaties  should  be  formed,  and  making  their 
ministers  the  instruments  only  of  their  will,  especially  at  An- 
napolis, in  1784,  when  their  system  of  commercial  policy  to  be 
established  in  treaties  was,  after  mature  consideration,  agreed 
to,  and  men  appointed  from  different  quarters  of  the  Union,  as 
being  necessary  to  concentre  a representation  of  the  different  in- 
terests. Can  it  be  supposed  then,  that  the  commission  of  these 
gentlemen  with  respect  to  Spain,  without  even  mentioning  it,  or 
agreeing  on  the  principles  in  the  instructions  to  the  secretary,  or 
even  mentioning  the  subject  of  trade  in  said  instructions,  were 
repealed,  and  he  thus  loosely  authorized  to  form  a treaty  of  com- 


/AMES  MONEOE.  Ixxi 


merce  ? That  their  interfering  claims,  however,  may  be  amicably 
settled,  and  that  the  two  nations  may  enjoy  reciprocal  advantages 
in  trade,  it  is  hereby — Resolved,  That  the  charge  des  affaires  of 
the  United  States  at  the  court  of  Spain  be  instructed  to  assure  his 
Catholick  Majesty  of  the  high  regard  the  United  States  entertain 
for  his  friendship  and  of  their  earnest  desire  to  cultivate  and  pre- 
serve always  the  best  understanding  between  his  Majesty  and  the 
said  States.  That  as  an  evidence  of  this  disposition  they  are  will- 
ing to  settle  their  interfering  claims  respecting  the  Mississippi, 
and  the  boundaries,  upon  the  following  principles,  i.  That  New 
Orleans  be  made  an  Entrepot  for  the  reception  of  the  bona  fide 
produce  of  the  United  States  brought  down  the  river  Mississippi  by 
the  citizens  of  the  said  states:  such  produce  to  be  landed  at  said 
port  for  exportation.  That  the  said  citizens  be  at  liberty  to  return 
with  their  boats  empty,  or  with  passengers  only,  up  the  Mississippi 
to  the  places  from  whence  they  came.  2.  That  such  produce 
aforesaid  shall  pay  there,  or  the  merchants  exporting  it  give  bond 
for  the  payment  within  six  months  from  the  date,  of  a duty  not 

exceeding per  cent,  ad  valorem  at  the  time  of  exportation, 

to  the  crown  of  Spain.  That  such  produce  aforesaid  shall  be 
exported  thence  in  Spanish,  American  or  French  vessels,  those  in 
the  bottoms  of  Spain  under  the  regulations  of  Spain,  and  those 
in  the  bottoms  of  America  and  France  under  the  regulations  of 
the  two  countries,  by  treaty  or  otherwise.  That  imports  of  every 
kind  and  country  to  the  said  port  and  up  the  said  river,  in 
American  and  French  bottoms,  be  prohibited;  and  that  all  ves- 
sels engaged  in  transportation  of  said  exports  shall  come  to  such 
port  in  ballast  only.  That  the  United  States  be  authorized  to 
appoint  a consul  to  reside  at  New  Orleans,  who  shall  be  respon- 
sible for  any  violation  of  these  stipulations  by  the  citizens  of  the 
United  States.  That  American  factors  be  permitted  to  reside  at 
said  port  for  the  management  of  the  business  of  exportation  only. 
That  as  to  the  boundaries,  they  must  insist  on  those  established 
in  their  treaty  with  Great  Britain.  And  further  to  assure  his 
Catholick  Majesty,  that  so  soon  as  instructions  shall  be  given  to 
his  minister  in  these  states  to  this  effect,  the  United  States  will 
authorize  their  minister  to  conclude  a treaty  in  conformity  here- 
with. But  that  they  cannot  enter  into  any  treaty  or  compact 


Ixxii  ANNALS  OF  THE  LIFE  OF 


whatsoever  with  his  Catholick  Majesty  on  the  said  subjects  upon 
any  other  terms  or  conditions  whatsoever. 

That  the  honourable  Mr.  Jefferson  be  furnished  with  a copy 
of  these  instructions,  and  directed  to  make  known  to  his  most 
Christian  Majesty  the  sincere  regard  they  have  for  his  person  and 
family,  the  gratitude  they  bear  for  his  former  good  offices,  and  of 
the  earnest  desire  they  have  of  his  friendly  Mediation  with  the 
Catholick  King,  that  by  his  interposition  the  interfering  claims  of 
the  two  nations  may  be  amicably  settled. 

That  the  resolutions  of  the  20th  July,  1785,  and  the  25th  of 
August  following,  authorizing  the  secretary  of  foreign  affairs  to 
treat  with  Don  Diego  de  Gardoqui  respecting  the  boundaries  and 
the  Mississippi,  in  the  words  above  recited,  be  and  they  are 
hereby  repealed. 

That  two  commissioners  be  appointed  and  associated  with  the 
secretary  of  foreign  affairs,  with  powers  to  enter  into  a treaty  with 
Don  Diego  de  Gardoqui,  or  such  other  person  as  his  Catholick 
Majesty  shall  appoint,  upon  the  following  principles:  Upon  the 
Mississippi  and  the  boundaries  as  above;  but  that  they  receive 
no  proposition  on  the  said  points  until  he  shall  be  authorized  by 
his  said  Majesty  to  accede  to  the  said  terms. 

That  they  be  authorized  to  enter  into  a commercial  treaty  with 
Spain  upon  the  following  principles:  ist.  That  each  party  shall 
have  a right  to  carry  their  own  produce,  manufactures  and  mer- 
chandise, in  their  own  bottoms,  to  the  ports  of  the  other,  paying 
in  both  cases  such  duties  only  as  are  paid  by  the  most  favoured 
nations,  freely  where  it  is  freely  granted  to  such  nation,  or  pay- 
ing the  compensation  where  such  nation  does  the  same;  and  so 
on  as  in  the  3d,  4th,  5th,  6th,  7th  resolutions  of  the  7th  of  May, 
1784.”  [See  proceedings  on  relations  with  Spain,  Secret  Jour- 
nal. Foreign  Affairs,  vol.  iv.  pp.  81-131.] 

1787.  Elected  again  to  the  Assembly  of  Virginia. 

Member  of  the  Virginia  Convention  to  ratify  the 
Federal  Constitution. 

1790.  Produced  his  credentials  and  took  the  Oath  of  Office 

Dec.  6.  as  United  States  Senator  from  Virginia. 

1790.  On  Committee  to  consider  and  report  on  the  Me- 

Dec.  14.  mafial  of  the  Kentucky  Convention. 


Ixxiii 


JAMES  MONROE. 


On  Committee  to  take  into  consideration  the  report  of  the 

1790.  Secretary  of  State,  on  the  uniformity  of  coins,  weights 
Dec.  28.  and  measures. 

1791.  On  Committee  on  bounty  lands  to  the  officers  and 
Jan.  28.  soldiers  of  the  Virginia  line.  Continental  Army. 

On  Committee  on  the  establishment  of  the  Mint. 

Feb.  7* 


1791.  On  Committee  on  the  President’s  message  on  the  ad- 

Feb.  9.  mission  of  Vermont  into  the  Union. 

, On  Committee  on  the  establishment  of  land  offices. 

Feb.  21. 

Moved  “ That  it  be  a standing  rule,  that  the  doors  of  the 
Senate  Chamber  remain  open  whilst  the  Senate  shall  be  sitting 
in  a legislative  capacity,  except  on  such  occasions  as, 


1791. 
Feb.  24. 


in  their  judgment,  may  require  secrecy;  and  that  this 
rule  shall  commence  and  be  in  force  on  the  first  day  of 
the  next  session  of  Congress.  That  the  Secretary  of  the  Senate 
request  the  Commissioners  of  the  City  and  County  of  Phila- 
delphia to  cause  a proper  gallery  to  be  erected  for  the  accom- 
modation of  an  audience.”  [The  Senate  sat  with  closed  doors 
during  its  legislative  as  well  as  its  Executive  sittings,  from  the 
beginning  of  the  first  Congress  up  to  the  20th.  of  February  1794, 
when  Monroe’s  repeated  propositions  to  open  the  session  of  the 
Senate  to  the  People  finally  succeeded.] 

March  i Committee  to  consider  the  rates  of  foreign  coins^ 

Reported  on  bounty  lands,  and  classification  of  claims  of 
1791.  officers  and  soldiers  of  the  Virginia  line.  (^See  Annals 
March  3.  of  Congress.) 

March  4 Re-appointed  and  qualified  as  Senator  from  Virginia. 


1791.  On  Committee  on  the  location  of  a land  warrant  for 

April  10.  Ephraim  Kimberly  for  services  during  the  Revolution. 

Moved  to  introduce  bill  providing,  under  certain  limitations, 
1791.  for  a suspension  of  the  4th.  Article  of  the  Treaty  of 
May  6.  Peace. 

On  Committee  to  consider  and  to  bring  in  a bill  for  making 
1791.  further  and  more  effectual  provision  for  the  protection 
May  8.  of  the  frontiers  of  the  United  States. 


Ixxiv  ANNALS  OF  THE  LIFE  OF  JAMES  MONROE 


1791- 
May  22. 

1791. 
May  24. 

1794- 
May  27. 

1794- 

May  28. 


On  Committee  on  the  settlement  of  Loan  Office  Ac- 
counts. 

On  Committee  to  consider  and  report  measures  to  be 
immediately  adopted  for  the  National  defence. 

Nominated  Minister  Plenipotentiary  of  the  United 
States  to  the  Republic  of  France. 

Confirmed. 


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Ixxv 


I am  indebted  to  the  interest  and  courtesy  of  Colonel  F.  C.  Ainsworth,  Chief  of  the  Record 
and  Pension  Office  for  this  facsimile  of  Monroe’s  Valley  Forge  Oath.  I have  also  to  thank  Mr. 
George  W.  Pratt  of  Colonel  Ainsworth’s  force. 


THE  WRITINGS  OF 

JAMES  MONROE. 


TO  GENERAL  WASHINGTON.’ 

June  28,  1778. 

Sir, — Upon  not  receiving  any  answer  to  my  first 
information  and  observing  the  enemy  inclining  toward 
your  right  I thought  it  advisable  to  hang  as  close  on 
them  as  possible — I am  at  present  within  four  hun- 
dred yrds.  of  their  right — I have  only  about  70  men 
who  are  now  fatigued  much.  I have  taken  three 
prisoners — If  I had  six  horsemen  I think  If  I co’d 
serve  you  in  no  other  way  I sho’d  in  the  course  of  the 
night  procure  good  intelligence  w’h  I wo’d  as  soon  as 
possible  convey  you. 

I am  Sir  your  most  ob’t  Serv’t 

Ja?  Monroe. 

U Col?  Basset  is  with  me  and  wishes  the  same. 
4 o’clock. 

* From  the  field  of  Monmouth.  In  General  Orders,  White  Marsh,  Novem- 
ber 20,  1777,  Monroe  was  appointed  aid,  with  the  rank  of  Major,  to  Lord 
Stirling,  who  commanded  the  left  wing  of  the  army  as  re-formed  by  Washing- 
ton after  he  had  checked  the  retreat  of  General  Charles  Lee.  Monroe  with  his 
command  had  been  charged  with  the  important  duty  of  following  the  enemy’s 
movements  and  of  reporting  them  to  Lord  Stirling  and  also  directly  to  the 
Commander-in-chief. 

VOL.  I.— I 


2 

THE  WRITINGS  OF 

[1780 

TO  GENERAL  CHARLES  LEE. 

Aylett’s  Warehouse,  June  15*  (1780). 

My  Dear  Gen^ — I am  happy  in  accidentally  meet- 
ing with  a neighbor  of  y*"®  who  tells  me  he  lately  left 
you  well  & contented  with  your  retir’d  life.  I am  ex- 
tremely anxious  for  your  welfare  & often  most  sin- 
cerely lament  that  the  temper  of  this  continent  should 
be  such  as  to  render  it  expedient  for  you  to  return  to 
Berkley.  When  I left  you  in  Phil%  my  wish  and  ex- 
pectation was  immediately  to  go  to  Europe  ; on  my 
coming  to  Virginia,  being  under  age,  I found  it  diffi- 
cult to  make  such  disposition  of  my  property  as  wo'^ 
admit  of  it.  I meant  however  to  go  this  fall,  & as  I 
wish’d  to  go  in  the  character  of  an  officer,  for  that 
purpose  I went  up  to  by  PhiP  (where  I wish’d 

much  to  have  seen  you)  to  require  from  His  ExcelP 
& Stirling  a certificate  of  my  good  conduct.  This 
I meant  to  present  to  the  Virg^  Assembly  & from 
them  procure  an  appointment.  His  Excellency  gave 
the  letter  I co*^  have  wished  & Ld  Stirling  also  treated 
me  with  gentlemanly  politeness.  What  I have  to  ex- 
pect from  this  Assembly  is  incertain,  but  as  they  have 
no  interest  in  the  appointment  I desire,  I believe  I 
have  no  probable  grounds  to  found  hopes  on.  I am 
retiring  from  them  to  my  Uncle’s,  M”"  Jones,  near 
Fredericksb^,  (the  Chief  Justice  of  this  State)  where 
I propose  staying  perhaps  this  year.  If  it  was  my 
house,  my  d*"  general  you  sho*^  make  it  yours,  but  at 
present  I only  live  in  expectation  of  it.  I may  how- 
ever take  the  liberty  with  my  uncle  to  press  you  if 
you  come  that  way  to  call  & see  me.  Be  so  kind  as 


1780]  JAMES  MONROE.  3 


write  me,  and  direct  to  Fredericksb?  to  inform  me 
where  I may  wait  on  you.  I am  solicitous  for  y in- 
terest & wish  to  consult  you  on  my  plan. 

I am  dear  General  with  sincere  esteem  y friend  & 
very  humble  Serv? 

Ja!  Monroe. 

The  Major  Genl.  Lee  * 

Berkley  Cty. 


TO  THE  GOVERNOR  OF  VIRGINIA. 

(THOMAS  JEFFERSON.) 

Cross  Creek,  June  26,  1780. 

Sir, — Some  few  days  since  I arrived  here  & trust 
I have  so  arranged  the  line  of  communication  be- 
tween us,^  that  whatever  alterations  the  course  of 
events  may  effect  in  my  own  situation,  I shall  have  it 
in  my  power  to  make  it  subservient  to  my  wishes.  I 
expected  I should  more  effectually  put  in  execution 
your  Excellency’s  orders  by  coming  immediately  here, 
the  source  from  which  Governor  Nash  at  Newberry 
or  Baron  de  Kalb  at  Hillsborough  get  their  Intelli- 
gence, then  by  taking  my  route  to  either  of  those 

* “ The  good  figure  you  make  flatters  my  vanity,  as  I have  always  asserted 
that  you  wou’d  appear  one  of  the  first  characters  of  this  country,  if  your 
shyness  did  not  prevent  the  display  of  the  knowledge  and  talents  you  possess. 

White  tells  me  you  have  got  rid  of  this  mauvaise  honte,  and  only  retain 
a certain  degree  of  recommendatory  modesty.  I rejoice  in  it  with  all  my 
soul,  as  I really  love  and  esteem  you  most  sincerely  and  affectionately.  . . 

— General  Lee’s  reply,  July  18,  1780. 

^ The  want  of  intelligence  concerning  the  southern  movements  of  the  enemy, 
and  the  anxieties  felt  on  that  account,  necessitated  the  sending  of  a trustworthy 
person  to  observe  them.  Jefferson,  then  Governor  of  Virginia,  entrusted  this 
mission  to  Monroe.  Congress  expressed  its  appreciation  by  continuing  this  im- 
portant line  of  communication,  established  by  Jefferson  and  Monroe,  from 
Philadelphia  to  Washington’s  headquarters. 


4 

THE  WRITINGS  OF 

[1780 

posts  & I have  had  the  good  fortune  in  meeting  Gov- 
ernor Nash  here  to  approve  my  determination.  The 
Governor  was  on  his  route  to  Baron  de  Kalb  & called 
upon  General  Caswell  here  with  a view  of  making 
himself  acquainted  with  his  force  and  object,  in  order 
to  concert  some  regular  & connected  plan  of  either 
offensive  or  defensive  action,  as  circumstances  might 
admit,  for  the  protection  of  the  country.  I have  it 
not  in  my  power  to  give  your  Excellency  at  present, 
information  upon  all  the  points  you  require,  but  an 
event  we  are  informed  has  taken  place  of  such  im- 
portance in  its  probable  consequences  to  the  State  of 
Virginia,  as  to  make  it  necessary  I should  immedi- 
ately inform  you  of  it.  We  have  it  from  authority 
we  cannot  doubt,  that  an  embarkation  has  taken  place 
at  Charlestown  and  sailed  some  days  since  under  the 
command  of  General  ^Clinton,  consisting  of  about 
6000  men.  The  remainder  of  their  army,  supposed 
upwards  of  4000,  with  their  cavalry  forming  a corps 
of  600  under  Col.  Tarleton,  are  left  behind  under  Lord 
Cornwallis.  General  Caswell  has  repeatedly  had  in- 
formation, they  had  embarked,  but  never  ’til  today 
that  they  had  sailed,  & today  I examined  myself  two 
men  of  Woodford’s  Brigade,  lately  escaped  from 
Charlestown,  who  confirm  it.  A Garrison  of  about 
800  are  said  to  be  left  at  Charlestown  ; 2500  at  Cam- 
den ; the  cavalry  are  stationed  about  40  miles  above 
Camden  ; about  600  of  the  71st  regiment  on  the  river 
Peedee  between  Long  Bluff  and  Ansons  Court  House* 
What  may  be  the  object  of  those  who  have  sailed  or 
of  those  who  remain  is  uncertain  and  must  depend  on 


1780]  /AMES  MONROE.  5 


the  part  the  Court  of  France  means  to  take  this  year 
in  our  favor  ; but  if  we  may  judge  from  the  view  which 
has  hitherto  evidently  influenced  their  councils  (if  no 
internal  event  has  happened  to  their  prejudice)  pro- 
vided they  act  on  a consistent  plan,  we  must  conclude 
they  mean  to  land  somewhere  in  Virginia,  and  by  di- 
recting their  armies  to  the  same  object  endeavour  to 
Conquer  all  these  Southern  States.  Upon  this  Prin- 
ciple I am  inclined  to  think  their  operations  have  of 
late  been  taken  and  that  upon  this  principle  they  will 
determine.  What  again  would  induce  this  belief  & with 
me  it  is  only  an  inferior  circumstance  (for  upon  prin- 
ciples of  expedience  they  should  act  thus)  is  the  uni- 
versal scarcity  of  all  kinds  of  provisions,  except  meat, 
which  prevails  in  this  country.  Upon  this  account 
the  army  under  General  de  Kalb  at  Hillsborough 
and  that  under  General  Caswell  here,  are  no  longer 
able  to  hold  those  stations  and  are  in  that  dilemma, 
that  they  have  only  the  alternative  of  advancing 
shortly  on  the  enemy  or  retiring  to  Virginia.  This 
however  will  in  a great  degree  be  remedied  when  the 
harvest  comes  in.  What  plan  General  de  Kalb  may 
take  to  oppose  them  I cannot  determine,  but  as  that 
which  the  enemy  have  adopted  creates  a division  of 
their  force,  ours  also  must  necessarily  be  divided  and 
in  that  case  rather  than  hang  or  temporize  between 
them,  I doubt  not  he  will  take  a decided  part  against 
this  body,  I mean  I hope  he  will  keep  on  their  left 
flank  and  harass  and  retard  them  in  all  their  move- 
ments as  much  as  possible.  Their  forces  have  been 
pointedly  directed  against  the  Continental  Troops; 


6 

THE  WRITINGS  OF 

[1780 

and  to  get  the  country  and  throw  them  down  on  the 
sea  coast  would  necessarily  be  a great  object.  A 
considerable  advantage,  also  arising  from  the  position 
I have  suggested,  would  be  that  the  troops  who  op- 
pose this  army  & those  who  oppose  that  which  may 
land  in  Virginia  might  act  on  a common  principle  & 
when  the  enemy  effect  a junction  they  might  join 
also,  still  keeping  the  command  of  the  country. 
This  plan  has  not  the  protection  of  any  particular 
spot  but  is  on  a larger  scale  & has  Independence 
for  its  object ; acting  on  any  other  principle  and 
taking  particular  positions  for  particular  purposes, 
may  lead  the  respective  corps  into  danger  & perhaps 
ruin. 

Genl.  Clinton  previous  to  his  departure  issued  a 
Proclamation  discharging  all  who  had  taken  them 
from  their  paroles  & requiring  their  immediate  at- 
tendance to  swear  allegiance  and  bear  arms  in  favor 
of  his  Sovereign  declaring  that  all  who  refuse  to  com- 
ply with  these  reasonable  terms,  who  shall  be  found 
in  arms  hereafter  in  favor  of  the  rebellion  shall  not 
be  treated  as  soldiers  & prisoners  of  war  ; but  as 
banditti  & Robbers.  I have  not  seen  the  Proclama- 
tion but  Govr.  Nash  who  has,  tells  me  this  is  the  pur- 
pose of  it.  Only  1500  militia  are  collected  here  under 
General  Caswell  & about  1,100  under  Brig.  Ruther- 
ford, west  of  the  enemy,  who  hold  the  position  I 
could  wish  Baron  de  Kalb  to  take  with  the  Conti- 
nental Troops  at  least.  At  Charlotte,  Salsbury  or 
Chatham  the  country  is  better  able  to  support  an 
army  & when  Harvest  comes  in  will  be  more  so,  while 


1780]  JAMES  MONROE.  7 


that  near  here  or  towards  the  coast  is  much  exhausted. 
Between  here  and  Halifax  it  is  so  much  so  (and  I am 
told  by  the  inhabitants  on  the  road  that  want  is  not 
confined  to  them  alone  but  extends  considerably  to 
the  Right  & left)  that  I could  scarcely  get  provisions 
for  myself  & men  & in  many  instances  could  not  pro- 
cure corn  for  my  Horses  at  any  rate.  The  Governor 
of  this  State  has  extensive  powers  & except  when  it 
affects  the  life — the  advice  of  Council  he  knows  no 
restraint  on  his  will.  He  also  seems  well  disposed  to 
act  with  that  firmness  & descision  in  most  instances 
which  the  unhappy  state  of  his  country  requires,  with- 
out regard  to  any  local  or  personal  enmity  which  may 
arise  against  him  in  the  discharge  of  the  duties  of  so 
important  a trust.  He  is  constrained  to  emit  money 
constantly  as  occasion  requires  & has  now  ordered 
out  4,000  Militia  in  addition  to  those  I have  mentioned 
as  already  in  the  field.  At  Govf  Nash’s  request  I 
shall  attend  him  tomorrow  to  where  Baron  de  Kalb 
may  be,  or  if  the  Govf  does  not  go  himself,  shall  per- 
haps go  up  on  the  business  I have  referred  to  & in  my 
next  shall  have  it  in  my  power  to  inform  your  Excel- 
lency of  the  plan  Baron  de  Kalb  may  take  for  his 
future  operations,  with  the  probability  of  success,  or 
what  effect  it  may  have  on  the  movements  of  the 
enemy. 

I have  the  honor  to  be  with  the  greatest  respect 
and  esteem  yr.  Excellencys 

Very  humble  Serv^ 

JAs  Monroe. 

P.  S.  I cannot  inform  you  where  Porterfield  is; 


8 

THE  WRITINGS  OF 

[1780 

but  expect  somewhere  near  the  Baron.  Col°  Ar- 
mand’s  Corps  are  here  under  command  of  Genl.  Cas- 
well. We  have  had  reports  a French  fleet  are  off  C. 
Town  but  not  from  such  authority  as  to  give  assent. 


TO  THOMAS  JEFFERSON. 

Richmond,  Sepr.  9,  1780. 

Dear  Sir, — Your  kindness  & attention  to  me  in 
this  & a variety  of  other  instances  has  really  put  me 
under  such  obligations  to  you  that  I fear  I shall  hardly 
ever  have  it  in  my  power  to  repay  them.  But  be- 
lieve me  in  whatever  situation  of  life  ye  chance  of 
fortune  may  place  me,  no  circumstance  can  happen 
wch.  will  give  me  such  pleasure  or  make  me  so  happy, 
at  present  or  during  my  progress  thro’  life,  as  to  have 
it  in  my  power  to  convince  you  of  ye  proper  impres- 
sions they  have  made  on  me.  A variety  of  disap- 
pointments with  respect  to  ye  prospects  of  my  private 
fortune  previous  to  my  acquaintance  with  your  Ex- 
cellency, upon  w’ch  I had  built  as  on  ground  w’ch  co’d 
not  deceive  me,  & w’ch  fail’d  in  a manner  w’ch  co’d 
not  have  been  expected,  perplex’d  my  plan  of  life  & 
expos’d  me  to  inconveniences  w’ch  had  nearly  de- 
stroy’d me.  In  this  situation  had  I not  form’d  a con- 
nection with  you  I sho’d  most  certainly  have  retir’d 
from  society  with  a resolution  never  to  have  enter’d 
on  ye  stage  again.  I co’d  never  have  prevail’d  on 
myself  to  have  taken  an  introduction  to  ye  Country, 
or  to  have  deriv’d  any  advantages  or  even  to  have  re- 
main’d in  connection  with  one  by  whom  I felt  myself 


1780]  JAMES  MONROE. 


injur’d,  but  whose  near  relationship  & situation  in  life 
put  it  in  his  power  to  serve  me.  In  this  situation  you 
became  acquainted  with  me  & undertook  ye  direction 
of  my  studies  & believe  me  I feel  that  whatever  I am 
at  present  in  ye.  opinion  of  others  or  whatever  I may 
be  in  future  has  greatly  arisen  from  y’r  friendship. 
My  plan  of  life  is  now  fix’d,  has  a certain  object  for 
its  view  & does  not  depend  on  other  chance  or  cir- 
cumstance further  than  ye  same  events  may  affect  ye. 
publick  at  large.  In  ye  late  instance  when  we  were 
threatened  by  an  invasion  from  ye  south,  our  pros- 
pects were  so  gloomy  & ye.  danger  so  iminent  that  I 
thought  it  ye  duty  of  every  citizen  to  turn  out  & bear 
a part  in  repelling  ye  invasion.  The  attention  of  y’r 
Excellency  & Council  paid  me  in  calling  on  me  to 
perform  ye.  duties  of  so  important  a trust  at  so  criti- 
cal a time  if  it  had  gone  no  further  than  intimating 
ye.  good  opinion  you  severally  entertain’d  of  me,  I 
knew  did  me  honor  & gave  me  more  pleasure  than 
any  pecuniary  compensation  I cod.  possibly  derive 
from  it.  I was  happy  in  undertaking  ye  charge  with 
a view  of  performing  some  service  to  ye  country  & 
also  of  assuring  you,  that  even  in  an  affair  w’ch  had 
so  distant  a relation  to  you,  how  effectually  you  might 
command  my  small  services.  My  plan  of  taking 
nothing  for  any  little  service  I might  do  ye  publick 
in  this  cause  did  not  commence  with  my  late  employ- 
ment : during  ye.  greater  part  of  my  service  in  ye. 
army  I had  not  my  expenses  borne,  & as  in  this  in- 
stance, I have  only  acted  ye  part  w’ch  ye  opinion  of 
ye  duty  I owe  to  ye  publick  dictated  & w’ch  many 


lO 

THE  WRITINGS  OF 

[1780 

worthy  Republicans  are  now  acting  without  even  a 
similar  compensation,  it  is  my  wish  not  to  deviate 
from  it.  Under  ye  present  direction  my  prospects 
are  fix’d  & altho’  my  private  fortune  is  but  small  still 
it  is  sufficient  for  my  maintenance  in  ye  pursuit  of 
them.  Colo.  Dawson  waited  on  me  ye  other  day  & 
propos’d  my  bearing  part  with  him  in  his  present 
undertaking.  I excus’d  myself  by  every  argument 
wch.  my  situation  & ye  nature  of  his  plan  wo’d  admit 
of  & had  been  happy  to  have  evaded  it  altogether.  I 
represented  to  him  ye  nature  of  things  in  that  country 
& that  ye  ultimate  advantage  w’ch  ye  success  of  his 
plan  co’d  effect  wo’d  be  ye  driving  ye  enemy  into 
Chas.town  from  w’ch  they  might  advance  so  soon  as 
ye  militia  moulder’d  away.  I wish’d  him,  as  Council 
are  making  every  exertion  in  their  power  for  ye  de- 
fence of  that  Country  to  change  his  view  & rather 
form  a corps  within  ye  state  or  one  more  immediately 
for  its  defence  rather  than  to  go  in  search  of  adven- 
tures more  remote  w’ch  promise  at  best  but  little  ad- 
vantage to  our  friends  while  it  exhausts  & weakens 
ourselves.  But  promis’d  if  he  co’d  get  no  one  more 
capable  or  whose  private  circumstances  wo’d  better 
dispense  with  their  absence  than  myself,  if  his  plan 
succeeded  I wo’d  bear  a part.  If  I can  possibly  avoid 
it  I mean  not  to  leave  my  study  a day,  but  if  in  ye 
progress  of  things  I sho’d  be  so  circumstanc’d  as  in 
y’r  opinion  I ow’d  it  to  myself  or  ye  publick  to  bear  a 
part,  so  far  as  ye  publick  interest  will  be  forwarded 
by  furnishing  myself  or  ye  troops  I command  with 
necessaries  so  far  I shall  be  happy  to  receive  them. 


1781]  JAMES  MONROE.  ii 


You  will  forgive  ye  liberty  I have  taken  in  writing 
you  a letter  of  this  kind.  Y’r  kindness  has  really  led 
me  into  it.  & at  ye  same  time  it  enables  me  to  explain 
some  part  of  my  conduct  I am  happy  that  it  gives  me 
an  opportunity  of  assuring  you  how  just  a sense  I 
have  of  y’r  good  offices.  I have  ye  honour  to  be, 
Dear  Sir,  with  great  respect  & esteem  y’r  sincere 
friend  & very  humble  serv’t  Ja!  Monroe. 


TO  THOMAS  JEFFERSON. 

Fredericksb’g,  June  18,  1781. 

Dear  Sir, — I some  time  since  address’d  a letter  to 
you  from  a small  estate  of  mine  in  King  George 
whither  I had  retir’d  to  avoid  ye  enemy  from  ye  one 
I lately  dispos’d  of  on  ye  Patommack  river.  I had 
then  ye  pleasure  to  congratulate  you  on  ye  safe  retreat 
from  Richmond  to  Charlottesville  & anticipated  y® 
joy  y’*"  self  & family  must  have  felt  on  y’'"  arrival  at 
Monticello  from  w^  y®  misfortune  of  y®  times  has  long 
separated  you.  I lament  y’"”  felicity  on  that  head  was 
of  but  short  duration.^  I hope  howe’er  that  neither 
y’^'self  nor  Mrs.  Jefferson  has  sustain’d  injury  from 


* In  May,  1781,  in  anticipation  of  an  attack  on  Richmond,  the  legislature  ad- 
journed to  meet  in  Charlottesville,  May  24,  and  Governor  Jefferson  returned  to 
his  home  at  Monticello,  in  sight  of  Charlottesville.  In  the  beginning  of  June, 
Colonel  Tarleton,  with  two  hundred  and  fifty  of  his  legion,  started  on  a raid  on 
Charlottesville,  in  the  hope  of  capturing  the  legislature  and  the  Governor.  He 
arrived  there  on  the  4th  of  that  month,  to  find  that  the  birds  had  flown.  They 
had  received  warning  of  his  coming,  a few  hours  before,  and  barely  escaped. 
Jefferson  did  not  leave  Monticello  until  he  was  informed  that  the  British  cavalry 
was  ascending  the  hill  of  Monticello.  Then  he  mounted  his  horse,  took  a 
mountain  road,  and  joined  his  family,  which  he  had  sent  on  before,  at  his  estate 
in  Bedford,  about  eighty  miles  southeast  of  Charlottesville. 


THE  WRITINGS  OF  [1781 


these  obtrusions  of  ye  enemy.  In  a former  I advis’d 
you  I wo’d  not  stay  at  home  in  ye  present  state  of  ye 
country  & sho’d  be  happy  to  bear  some  part  in  her 
defence  : for  that  purpose  I sate  out  to  join  y®  Mar- 
quis’ Army  to  act  in  any  line  either  himself  or  Coun- 
cil wo’d  employ  me  in.  Being-  confin’d  here  some  few 
days  with  small  indisposition  Gen’l  Weedon  has  re- 
quested of  me  to  sit  out  this  Ev’g  to  manage  ye  British 
flag  on  its  way  to  Alexandria.  So  soon  as  I disengage 
myself  from  this  affair,  I shall  join  ye  army  & serve 
till  ye  enemy  leave  this  State.  I earnestly  wish  to 
leave  ye  Continent  & shall  not  alter  my  plan  unless 
our  publick  affairs  change  materially.  Whither  you 
continue  in  your  determination  to  retire  from  ofifice  I 
hope  to  see  both  y’^'self  & family  in  ye  course  of  ye 
year.  If  we  \inutilated^  & in  ye  former  instance  I 
sho’"^  find  you  at  Stanton  ^ on  my  way  to  ye  Springs. 
Otherwise  God  knows  where  we  shall  be.  Be  so  kind 
as  to  make  my  best  respects  to  Mr^  Jefferson  & be- 
lieve me  with  ye  greatest  esteem  & regard  yi"  friend 
& servant,  Ja^  Monroe. 


TO  THOMAS  JEFFERSON. 

Caroline,  Oct,  i,  1781. 

Dear  Sir, — I propos’d  to  myself  the  pleasure  of 
visiting  y’""  self  & family  before  this  at  Monticello 
but  ye  prospects  below  & ye  arrival  of  Gen’l  Washing- 
ton in  ye  State  induc’d  me  to  postpone  ye  trip  of 
pleasure  to  ye  less  agreeable  one  to  camp  upon  y®. 

’ On  the  7th  of  June,  the  legislature  reassembled  at  Staunton,  forty  miles  from 
Charlottesville,  on  the  other  side  of  the  Blue  Ridge. 


1781]  JAMES  MONROE.  13 


Idea  of  bearing  some  small  part  in  bringing  about  ye 
event  we  all  so  anxiously  wish  for.  With  this  view  I 
waited  on  Gov.  Nelson  & solicited  some  command  in 
ye  Militia  but  was  inform’d  ye  Militia  in  ye  field  was 
officer’d  & of  course  that  I co’d  procure  none  what- 
ever. This  wo’d  have  mortified  me  much  had  I not 
discover’d  during  my  continuance  with  ye  army  that 
Gen’l  W.  had  under  his  command  1 5000  regular  troops, 
a force  certainly  very  sufficient  to  reduce  ye  post  at 
York.  On  ye  contrary  upon  being  well  inform’d  of 
our  force  & ye  propriety  of  ye  appointments  thro’  ye 
whole,  I was  ye  rather  surpris’d  ye  militia  were  de- 
tained at  all,  more  especially  when  we  take  into  con- 
sideration ye  difficulty  of  supply,  for  surely  in  ye 
present  state  of  things  ye  militia  will  not  render 
sufficient  service  to  counterbalance  ye  quantity  of 
provisions  they  consume.  I had,  however,  ye  good 
fortune  to  effect  a point  w’’?  since  ye  interruption  of 
our  civil  affairs  in  this  state  I have  been  very  desirous 
to  accomplish  & in  ye  expedience  whereof  was  so 
happy  as  to  have  yr  concurrence  when  with  you  last 
at  Richm’^  Colo.  Josiah  Parker  has  a ship  just  ready 
to  sail  to  France  & has  been  so  kind  as  to  offer  me  a 
passage  in  her,  w’^  I have  accepted.  I sho’d  be  happy 
to  wait  on  you  before  I sail  & shall  be  sincerely  sorry 
to  leave  ye  continent  without  wishing  y’f  self  & family 
health  & happiness  in  person,  but  as  we  sail  ye  loth 
or  1 2th  of  next  month  from  some  port  south  of  Ports- 
mouth & I have  much  business  to  transact  in  these 
days  I shall  be  at  home,  am  unfortunately  depriv’d 
of  that  pleasure.  I have  to  desire  of  you  a letter  to 


14 

THE  WRITINGS  OF 

[1781 

each  of  our  Ministers  & also  y’f  advice  upon  ye  plan 
I had  better  pursue  as  also  where  I had  better  visit. 
Since  my  return  from  Richm’d  I have  liv’d  a very 
sedentary  life  upon  a small  estate  I have  in  King 
Georges  in  course  of  w’h  time  have  read  all  ye  books 
you  mention  on  ye  subject  of  law.  I have  made  such 
a disposition  of  ye  property  I sold  in  Westmorel’d 
as  to  give  me  an  interest  nearly  competent  to  my  pur- 
pose without  injuring  ye  principal.  I mean  to  con- 
vey to  you  that  altho’  I shall  most  probably  be  glad 
some  time  hence  to  acquire  more  by  ye  practice  of  ye 
law  (if  I have  it  in  my  power)  I wo’d  still  wish 
to  prosecute  my  studies  on  ye  most  liberal  plan  to 
qualify  myself  for  any  business  I might  chance  to 
engage  in.  This  if  not  profitable  will  be  agreeable,  for 
surely  these  acquirements  qualify  a man  not  only 
for  publick  office,  but  enable  him  to  bear  prosperity 
or  adversity  in  ye  capricious  turns  of  fortune,  with 
greater  magnanimity  & fortitude,  by  giving  him  re- 
sources within  himself,  of  pleasure  & content  w’h 
otherwise  he  wo’d  look  for  in  vain  from  others.  I 
wish  you  to  say  whether  if  I am  so  fortunate  as  to 
sail  & arrive  safe  you  wo’d  advise  me  to  reside 
altogether  in  ye  South  of  France  or  (if  possible) 
spend  a year  at  ye  Temple  in  London  before  my  re- 
turn. I write  you  on  my  return  home  from  below 
from  M";  Taliaferro’s  & as  I have  not  a moment  to  lose 
have  only  time  to  add  that  whatever  commands  you 
will  favor  me  with  I shall  be  happy  to  execute  & that 
I am  with  my  best  respects  for  Mr!  Jefferson,  y’! 
sincere  friend  & very  humble  servant. 


Ja!  Monroe. 


1782]  JAMES  MONROE.  15 


TO  THOMAS  JEFFERSON. 

Richmond,  May  6,  1782. 

Dear  Sir, — Mr.  Short  being  just  setting  out  for 
Monticello  I am  happy  to  take  ye  opportunity  to 
assure  you  how  sincerely  I thank  you  for  ye  late  in- 
stance of  y’f  kindness  and  attention  to  me,  w’^  I 
particularly  value  as  a testimony  of  y’^  regard  for  me, 
& at  ye  same  time  to  assure  you  that  nothing  but  a 
series  of  disappointments  in  ye  vessels  I had  appointed 
to  sail  in,  depriv’d  me  of  ye  opportunity  of  availing 
myself  in  that  instance  of  ye  advantage  it  w’d  have 
given  me.  Mr.  Short  will  inform  you  of  my  appoint- 
m’t  in  ye  House,  upon  declining  ye  other  plan,  & 
how  very  anxiously  I wish  y’f  arrival  & how  very 
sincerely  I join  ye  better  part  of  this  community  in 
my  desire  that  a few  days  more  will  give  us  y’f  aid  in 
ye  House  & Society  to  y’f  friends.  I have  only  time 
to  desire  my  best  respects  to  Mrs.  Jefferson  & assure 
I am  with  great  respect  & esteem  y’f  sincere  friend 
& servant,  Ja®  Monroe. 


TO  THOMAS  JEFFERSON. 

Richmond,  ii  May,  1782. 

Dear  Sir, — As  I so  lately  wrote  you  by  Mr.  Short 
& have  since  daily  expected  to  see  you  here  I did  not 
propose  writing  you  till  after  I sho’d  have  that  pleas- 
ure ; but  as  I begin  to  fear  you  will  not  abate  that 
firmness  & decision  w’ch  you  have  frequently  shewn 
in  ye  service  of  y’r  country  even  upon  this  occasion 
& as  I have  had  an  opportunity  since  I wrote  last  of 


i6  THE  WRITINGS  OF  [1782 


being  better  inform’d  of  ye  sentiments  of  those  whom 
I know  you  put  ye  greatest  value  on,  I think  it  my 
duty  to  make  you  acquainted  therewith.  It  is  pub- 
lickly  said  here  that  ye  people  of  y’r  county  inform’d 
you  they  had  frequently  elected  you  in  times  of  less 
difficulty  & danger  than  ye  present  to  please  you,  but 
that  now  they  had  call’d  you  forth  into  publick  office 
to  serve  themselves.  This  is  a language  w’ch  has 
been  often  us’d  in  my  presence  & you  will  readily 
conceive  that  as  it  furnishes  those  who  argue  on  ye 
fundimental  maxims  of  a republican  government  with 
ample  field  for  declamation,  the  conclusion  has  always 
been,  you  sho’d  not  decline  ye  service  of  yr  country.^ 
The  present  is  generally  conceiv’d  to  be  an  important 
era  w’ch  of  course  makes  y’r  attendance  particularly 
necessary,  & as  I have  taken  ye  liberty  to  give  you 
ye  publick  opinion  & desire  upon  this  occasion,  & as 
I am  warmly  interested  in  whatever  concerns  ye  pub- 
lick interest  or  has  relation  to  you,  it  will  be  unneces- 
sary to  add  it  is  earnestly  ye  desire  of.  Dear  Sir,  y’r 
sincere  friend  & servant,  Ja!  Monroe. 


^ This  and  the  preceding  letter  were  written  by  Monroe  fer  the  purpose 
of  inducing  Jefferson  to  change  the  resolution  he  had  announced  of  retiring 
from  public  life.  The  expedition  of  Benedict  Arnold  in  January,  1781,  result- 
ing in  the  capture  of  Richmond  and  an  immense  destruction  of  public  and 
private  stores  had  greatly  distressed  the  people  of  that  State,  and  they  were  in- 
clined to  hold  Jefferson,  as  Governor,  responsible.  In  fact  George  Nicholas,  a 
young  and  impulsive  delegate  from  Jefferson’s  own  county,  had  openly  charged 
him  in  the  House  of  Delegates  with  neglect  of  duty,  and  demanded  an  inquiry 
into  his  conduct.  This  was  promptly  accepted  by  Jefferson’s  friends,  and  the 
investigation  was  set  down  for  the  next  session.  Jefferson’s  term  of  office  ex- 
pired June  I,  1781,  and  General  Thomas  Nelson  succeeded  him. 

Before  the  legislature  met  again  Cornwallis  had  surrendered  at  Yorktown, 
and  discontent  and  despondency  had  given  way  to  rejoicing  and  triumph.  The 


1782]  JAMES  MONROE.  17 


TO  THOMAS  JEFFERSON. 

Richmond,  June  28,  1782. 

Dear  Sir, — I am  sorry  I have  had  no  opportunity 
or  sho^  have  answer’d  y’^  favor  by  ye  servant  sooner, 
indeed  sho’?  have  wrote  by  him  but  was  so  unlucky  as 

people  returned  to  their  sense  of  justice,  and  were  now  anxious  to  right  the 
wrong  they  had  done  their  Governor.  His  fellow-citizens  of  Albemarle  unani- 
mously elected  him  a member  of  the  House  of  Delegates,  and  when  the  time 
appointed  for  the  inquiry  arrived  Jefferson  was  present  and  declared  his  readi- 
ness to  answer  the  charges.  No  one  appeared  to  prosecute  them.  Their 
author,  George  Nicholas,  had  become  convinced  of  their  injustice,  and  subse- 
quently published  a letter  in  which  he  frankly  admitted  his  error.  The  legisla- 
ture then  passed  the  following  resolution,  without  a dissenting  voice  : 

“That  the  sincere  thanks  of  the  General  Assembly  be  given  to  our  former 
Governor,  Thomas  Jefferson,  Esquire,  for  his  impartial,  upright,  and  attentive 
administration,  whilst  in  office.  The  Assembly  wish  in  the  strongest  manner 
to  declare  the  high  opinion  which  they  entertain  of  Mr.  Jefferson’s  ability,  rec- 
titude, and  integrity,  as  chief  magistrate  of  this  Commonwealth,  and  mean  by 
thus  publicly  avowing  their  opinion,  to  obviate  and  to  remove  all  unmerited 
censure.” 

But  this  vindication  did  not  satisfy  Jefferson.  He  felt  that  he  had  been 
cruelly  treated  by  the  people  whom  he  had  spared  no  labor  or  sacrifice  to  serve ; 
his  sensitive  spirit  refused  to  accept  the  resolution  of  the  Assembly  as  a com- 
pensation for  the  wrongs  he  had  suffered,  and  he  was  unwilling  to  continue  in 
a service  which  rendered  him  such  ungrateful  returns.  How  deeply  he  had 
taken  the  matter  to  heart  is  shown  by  his  reply  to  Monroe. — See  The  Writings 
of  Jefferson^  vol.  iii,,  p.  56. 

On  the  13th  of  June,  1781,  Jefferson  had  been  appointed  a Minister  Plenipo- 
tentiary, with  Adams,  Franklin,  Jay,  and  Laurens  as  his  colleagues,  to  negotiate 
a peace  with  Great  Britain.  But  he  was  unwilling  to  leave  the  country  while 
the  charges  were  pending  in  the  legislature,  and  declined  the  appointment. 
This  appointment  was  renewed  November  13,  1782.  Meanwhile  he  had  lost 
his  wife,  to  whom  he  was  devotedly  attached,  and  in  the  hope  that  a change  of 
scene  might  tend  to  mitigate  his  sorrow,  he  accepted  the  appointment,  and 
made  his  arrangements  to  leave  the  country  in  a French  man-of-war  which  had 
been  placed  at  his  disposal.  For  this  purpose  he  proceeded  to  Baltimore,  and 
waited  there  some  time.  The  capes  of  the  Chesapeake  were  blockaded  by  a 
British  squadron,  and  while  awaiting  an  opportunity  to  run  the  blockade,  news 
arrived  in  this  country  of  the  negotiation  of  preliminary  articles  of  peace,  and 
Congress  determined  that  it  would  be  unnecessary  for  him  to  proceed.  In 
June,  1783,  the  Virginia  Assembly  elected  him  at  the  head  of  its  delegation  to 
Congress,  and  associated  with  him,  as  his  youngest  colleague,  James  Monroe, 
then  twenty-five  years  of  age. 

VOL  1—2 


i8 

THE  WRITINGS  OF 

00 

M 

1 1 

not  to  see  him  while  in  town.  I have  been  much  dis- 
tress’d upon  ye  subject  of  Mrs.  Jefferson  & have  fear’d, 
as  well  from  what  you  suggested  y’fself  as  what  I have 
heard  from  others,  that  y’f  report  of  each  succeeding 
day  wo’d  inform  me  she  was  no  more.  Indeed  this 
was  awhile  reported  & believ’d,  but  I flatter  myself 
that  in  this  instance  I shall  experience  that  common 
fame,  who  when  she  has  propagated  reports  unfavor- 
able to  myself  & my  friends  I have  rarely  found  to  be 
groundless,  has  fail’d  & that  it  may  please  heaven  to 
restore  our  amiable  friend  to  health  & thereby  to  you 
a friend  whose  loss  you  wo’d  always  lament,  & to 
ye  children  a parent  wh.  no  change  of  circumstance 
co’d  ever  compensate  for.  You  will  forgive  this  ob- 
trusion on  an  affair  w’h  tho’  greatly  you  are  not  singly 
interested  in,  & as  I necessarily  suppose  you  are  en- 
tirely engaged  in  an  attention  to  & discharge  of  those 
tender  duties  w’h  her  situation  unhappily  requires, 
from  you  & so  anxious  & deeply  interested  in  ye  pros- 
pect of  an  event  w’h  so  materially  concerns  ye  peace 
& tranquility  of  y’f  family,  I shall  forbear  to  trouble 
you  with  an  answer  to  that  part  of  y’f  letter  w’^  re- 
spects y’f  retreat  from  publick  service.  This  I shall 
postpone  either  till  I see  you  or  till  I hear  ye  situa- 
tion of  y’f  family  will  leave  y’f  mind  more  at  ease  & 
leisure  to  attend  to  a disquisition  of  ye  kind  & in  ye 
meantime  beg  leave  to  assure  you  that  nothing  will 
give  me  so  much  pleasure  as  to  hear  of  Mrs.  Jeffer- 
son’s recovery,  & to  be  inform’d  of  it  from  yourself. 
I forgot  in  my  last  to  inform  you  I had  receiv’d  ye 
parliamentary  debates  & annual  register  from  Mf 


1782]  JAMES  MONROE. 


Buchanan  & to  assure  you  I will  keep  them  for  ever 
as  a testimony  of  your  friendship  & esteem.  Believe 
me  to  be,  Dear  Sir,  very  sincerely  your  friend  & 
servant,  Ja?  Monroe. 

P.S.  Your  letter  to  Pelham  I sent  off  instantly  & 
receiv’d  a verbal  message  by  my  servant  that  no 
answer  was  necessary.  You  have  perhaps  heard  of 
my  appointm’P  in  Council.  Engag’d  as  you  are  in 
domestic  duties  permit  me  to  assure  you  I wish,  so 
soon  as  circumstances  will  permit  you,  to  correspond 
regularly  with  you  & to  have  y’f  advice  upon  every 
subject  of  consequence. 


TO  GEORGE  WASHINGTON. 

Richmond,  15  August,  1782. 

Dear  Sir, — You  will  pardon  the  liberty  I take  in 
writing  you  upon  a subject  w’ch  has  no  relation  to  the 
publick  interest  when  I inform  you  I am  induc’d  there- 
to merely  from  a principle  of  gratitude  to  make 
acknowledgment  for  the  personal  service  I have  rec’d 
from  y’r  Excellency.  The  introduction  you  gave  me 
some  time  since  to  this  State,  for  the  purpose  of  at- 
taining some  military  appointment  to  place  me  in  the 
service  of  my  country  in  a line  with  those  worthy  citi- 
zens, with  whom  common  hardship  & danger  had 
nearly  connected  me,  altho’  it  failed  me  in  that  in- 
stance has  avail’d  me  in  another  line.^  Upon  relin- 

* In  1779,  Monroe,  after  having  served  two  years  on  the  staff  of  Lord  Stir- 
ling, was  anxious  to  obtain  a position  in  the  Continental  line.  Failing  in  this 
by  reason  of  the  unwillingness  of  the  regular  line  officers  to  yield  to  his  claims, 
he  determined  to  return  to  Virginia  and  seek  employment  in  the  State  service. 
To  assist  him  in  this,  Gen.  Washington  gave  him  a letter  to  Col.  Archibald 


20 

THE  WRITINGS  OF 

[1782 

quishing  my  military  pursuits,  w’ch  I did  with 
reluctance,  & returning  to  those  studies  in  w’ch  I had 
been  engag’d  previous  to  my  joining  y’r  army,  till  of 
late  I have  been  literally  a recluse.  Having  gone  thro^ 
that  course  w’ch  in  the  opinion  of  Mr.  Jefferson  to 
whom  I submitted  the  direction  of  my  studies,  was 
sufficient  to  qualify  me  in  some  degree  for  publick 
business,  in  my  application  to  my  county  in  the  first 
instance  & in  the  subsequent  appointment  of  the  As- 
sembly to  the  Executive  Council  of  the  State  I have 
had  the  pleasure  to  experience  y’r  friendly  letter  in  my 
fav’r  of  essential  service  to  me.  If,  therefore,  I was  so 
fortunate  in  the  manag’ment  of  my  conduct  more  im- 
mediately under  y’r  eye  as  to  gain  y’r  good  opinion  & 
esteem  I flatter  myself  that  in  the  discharge  of  the 

Cary,  then  one  of  the  most  influential  men  in  the  State.  As  Chairman  of  the 
Committee  of  the  Whole  in  the  Virginia  Convention  of  1776,  he  had  reported 
the  resolution  instructing  the  delegates  in  Congress  to  propose  independence, 
and  when  a committee  consisting  of  the  ablest  men  in  the  Convention  was 
appointed  to  prepare  a declaration  of  rights  and  a plan  of  government  for  the 
State,  Cary  was  placed  at  its  head.  “It  was  from  his  lips,  that  the  words  of 
the  resolution  of  independence,  of  the  declaration  of  rights,  and  of  the  first  con- 
stitution of  Virginia  first  fell  upon  the  public  ear.”  On  the  organization  of  the 
State  government  under  the  new  Constitution,  he  was  chosen  Speaker  of  the 
Senate,  and  held  that  office  at  the  time  of  his  death,  in  1786.  His  unswerving 
devotion  to  principle  and  his  indomitable  courage  had  won  for  him  the  sobri- 
quet of  “ Old  Iron.”  When,  during  the  invasion  of  the  State,  there  was  some 
talk  in  the  Assembly  of  declaring  Patrick  Henry  dictator,  Cary  met  Col.  Syme, 
Henry’s  half-brother,  in  the  lobby  of  the  House,  and  thus  accosted  him  : 
“ Sir,  I am  told  that  your  brother  wishes  to  be  dictator.  Tell  him  from  me, 
that  the  day  of  his  appointment  shall  be  the  day  of  his  death  ; for  he  shall  find 
my  dagger  in  his  heart  before  the  sunset  of  that  day.” 

Washington’s  letter  to  Cary  shows  the  high  opinion  the  Commander-in-chief 
had  formed  of  the  young  soldier,  then  just  twenty-one  years  old. 

Head  Quarters,  30  May,  1779. 

Dear  Sir, — I very  sincerely  lament  that  the  situation  of  our  service  will  not 
permit  us  to  do  justice  to  the  merits  of  Major  Monroe,  who  will  deliver  you 


1782]  JAMES  MONROE,  21 


duties  of  my  present  office  & a faithful  observance  & 
attention  to  the  confidence  repos’d  in  me  by  my  coun- 
try I shall  take  no  step  w’ch  will  entitle  me  to  forfeit 
theirs  or  give  you  cause  to  repent  y’r  prepossession  in 
my  fav’r.  A conscience  that  I had  in  some  degree 
merited  y’r  approbation  & that  of  the  Gentlemen  of 
the  army  with  whom  I had  the  honor  to  associate, 
gave  me  a consolation  & a pleasure  in  my  subsequent 
retir’ment,  tho’  wound’d  & chagrin’d  at  my  disappoint- 
ment from  the  State,  w’ch  I co’d  not  have  derived 
from  any  other  source.  If  in  the  line  of  my  present  ap- 
pointment fortune  sho’d  put  it  in  my  power  to  pay  at- 
tention to  or  obey  in  any  instance  y’r  Excellency’s 
commands  believe  me  she  co’d  not  confer  a fav’r  on 
me,  I sho’d  receive  with  greater  pleasure  from  her 

this,  by  placing  him  in  the  army  upon  some  satisfactory  footing.  But  as  he  is 
on  the  point  of  leaving  us,  and  expresses  an  intention  of  going  to  the  South- 
ward, where  a new  scene  has  opened,  it  is  with  pleasure  I take  occasion  to  ex- 
press to  you  the  high  opinion  I have  of  his  worth.  The  zeal  he  discovered  by 
entering  the  service  at  an  early  period,  the  character  he  supported  in  his  regi- 
ment, and  the  manner  in  which  he  distinguished  himself  at  Trenton,  when  he 
received  a wound,  induced  me  to  appoint  him  to  a Captaincy  in  one  of  the  ad- 
ditional regiments.  This  regiment  failing  from  the  difficulty  of  recruiting,  he 
entered  into  Lord  Stirling’s  family,  and  has  served  two  campaigns  as  a volun- 
teer aid  to  his  Lordship.  He  has,  in  every  instance,  maintained  the  reputation 
of  a brave,  active,  and  sensible  officer.  As  we  cannot  introduce  him  into  the 
Continental  line,  it  were  to  be  wished  that  the  State  could  do  something  for 
him,  to  enable  him  to  follow  the  bent  of  his  military  inclination,  and  render 
service  to  his  country.  If  an  event  of  this  kind  could  take  place,  it  would  give 
me  particular  pleasure ; as  the  esteem  I have  for  him,  and  a regard  to  his  merit, 
conspire  to  make  me  earnestly  wish  to  see  him  provided  for  in  some  handsome 
way.  I am  &c  Geo.  Washington. 

This  is  the  letter  to  which  Monroe  refers  in  his  letter  to  General  Washington 
above  quoted,  as  “the  introduction  you  gave  me  some  time  since  to  this  State,” 
and  which,  he  says,  he  found  of  “essential  service”  to  him.  It  secured  his 
election  to  the  Assembly  from  King  George  County,  and  his  subsequent  ap- 
pointment by  that  body  as  a member  of  the  Privy  Council. 


22  THE  WRITINGS  OF  [1783 


hands.  With  every  sentiment  of  respect  & esteem 
w’ch  y’r  great  & unwearied  service  to  y’r  country  & 
your  kind  & friendly  attention  to  me  can  fill  my  breast 
I have  the  honor  to  be  y’r  Excellency’s  most  obedient 
& most  humble  servant,  Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Richmond,  Feby.  8,  1783. 

Dear  Sir, — I fear  this  will  not  reach  you,  but 
risque  it  for  ’tis  probable  you  may  be  detain’d  a few 
days,  at  Baltimore.  I take  ye  liberty  to  enclose  you 
a cypher  of  men  & places  w’^  will  perhaps  in  some  in- 
stances form  the  subject  of  a correspondence.  I beg 
of  you  to  accept  my  most  sincere  acknowledgm’t?  for 
y’r  kind  offer.^  As  yet  I can  not  possibly  determine 
how  to  act  but  shall  consult  Mr  Short  if  peace  does 
not  shortly  take  place,  we  will  most  probably  join 
you.  I most  sincerely  wish  you  & y’r  family  a safe  & 
happy  arrival  to  ye  destin’d  port,  & am  y’r  affec. 
friend  & servant,  Ja?  Monroe. 


TO  RICHARD  HENRY  LEE.^ 

Annapolis,  December  1783. 

Dear  Sir, — I am  particularly  happy  to  hear  by 
your  brother,  that  you  have  almost  recovered  from  the 
indisposition,  with  which  you  have  been  lately  afflicted  : 
an  event  I must  consider  fortunate  to  the  State  and 

^ Jefferson  had  invited  Monroe  to  join  him  in  France  and  become  a member 
of  his  household  there. 

^ From  Life  and  Correspondence  of  Richard  Henry  Lee. 


1783]  JAMES  MONROE.  23 


your  family,  for  I flatter  myself,  when  perfectly  re- 
stored, you  will  not  withdraw  yourself  from  the  public 
service.  It  must  be  hoped  that  those  measures,  which 
have  hitherto,  will  not  always  prevail  ; as  to  establish 
in  our  public  councils,  a greater  regard  for  public  faith, 
and  in  private  life,  for  morality,  your  exertions  joined 
with  those  of  some  worthy  men,  must  certainly  be 
more  successful. 

I am  called  on  a theatre  to  which  I am  a perfect 
stranger.^  There  are  before  us  some  questions  of  the 
utmost  consequence  that  can  arise  in  the  councils  of 
any  nation  : the  peace  establishment  ; the  regulation 
of  our  commerce,  and  the  arrangement  of  our  foreign 
appointments ; whether  we  are  to  have  regular  or 
standing  troops  to  protect  our  frontiers,  or  leave  them 
unguarded  ; whether  we  will  expose  ourselves  to  the 
inconveniences,  which  may  perhaps  be  the  loss  of  the 
country  westward,  from  the  impossibility  of  prevent- 
ing the  adventurers  from  settling  where  they  please  ; 
the  intrusion  of  the  settlers  on  the  European  powers, 
who  border  on  us,  a cause  of  discontent  and  perhaps 
war,  as  with  us  a constant  state  of  warfare  with  the 
savage  tribes,  to  the  ingrafting  a principle  in  our  con- 
stitution which  may  in  its  consequences,  as  it  ever 
hath  done  with  other  powers,  terminate  in  the  loss  of 
our  liberty.  How  we  are  to  counteract  the  narrow 


^ Monroe  had  been  elected  by  the  General  Assembly  of  Virginia,  on  June  6, 
1783,  a delegate  to  the  Fourth  Congress  under  the  Confederation,  to  serve  one 
year  from  the  first  Monday  in  November  following. 

Congress  met  November  3^^  at  New  York,  and  on  the  next  day,  adjourned  to 
meet  at  Annapolis  on  the  26^^  of  the  month.  No  quorum  appeared  there,  how- 
ever, until  December  13^^  On  that  day  Monroe  was  in  his  seat.  His  colleagues 
were  Thomas  Jefferson,  Samuel  Hardy,  John  F.  Mercer,  and  Arthur  Lee. 


24 

THE  WRITINGS  OF 

[1784 

and  illiberal  system  of  commercial  policy  in  the  Euro- 
pean powers,  and  what  connexion  we  are  to  have  with 
them,  are  also  questions  of  the  first  import.  If  your 
health  will  permit,  I shall  be  particularly  happy  to 
have  your  opinion  upon  these  several  subjects.  It  is 
my  desire  to  hear  from  you  as  frequently  as  possible, 
and  upon  these  subjects  before  us,  which  I shall  be 
happy  to  make  known  to  you. 

I am,  with  the  utmost  respect  and  esteem. 

Your  sincere  friend  and  servant, 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Annapolis,  May  14,  1784. 

My  dear  Sir, — I hope  before  this  you  have  safely 
arriv’d  in  Phil’a.  I very  sensibly  feel  your  absence 
not  only  in  the  solitary  situation  in  w’h  you  have  left 
me  but  upon  many  other  accounts.^  What  direction 
the  delegation  may  take  even  for  the  short  space  that 
we  shall  rem"  here,  upon  the  few  important  subjects 
that  are  before  us,  is  to  me  altogether  incertain.  The 
same  men  still  act  on  the  same  principles  & upon 
points  where  no  personal  objects  are  in  view  on  either 
side,  accommodation  on  the  part  of  those  gent’^  is,  if 
possible,  more  difficult  to  be  attain’d.  As  I have  not 
been  able  to  finish  our  cypher  I can  only  give  you  an 
acc’t.  of  one  or  two  measures,  by  the  next  post  I will 
send  it  & before  your  departure  give  you  information 
of  whatever  hath  or  may  happen.  We  have  appointed 

* On  the  7th  of  May  Jefferson  had  been  appointed  by  Congress  Minister 
Plenipotentiary  to  act  with  John  Adams  and  Benjamin  Franklin  already  ap- 
pointed, “ for  the  purpose  of  negotiating  treaties  of  commerce.”  He  proceeded 
at  once  to  Boston  (via  Philadelphia)  when  he  sailed  for  France  July  5th. 


1784]  JAMES  MONROE.  25 


Colo.  Humphreys  secretary  to  the  embassy  or  com- 
mission. The  report  upon  taking  possession  of  the 
western  posts  hath  been  before  Congress.  Hand 
moved  for  its  postponement  to  take  up  a plan  of  his 
own,  more  concise,  but  not  very  explicit ; his  plan  is 
to  dismiss  the  troops  at  West  Point  & elsewhere,  & 
enlist  others  for  this  service  which  he  supposes  may 
be  effected  in  a very  few  weeks  & in  time  to  serve  the 
purpose  of  the  Indian  Com’"  1 wish  you  to  inform 
me  what  posts  you  think  troops  had  better  be  sta- 
tion’d at.  I recollect  you  had  thought  on  this  subject 
& made  some  amendm’t  in  the  plan  propos’d  by  Gen’l 
Washington.  I am  rather  an  advocate  for  the  dis- 
mission of  these  troops  for  a variety  of  reasons  which 
will  occur  to  you  & if  the  levy  of  others  can  be 
effected  in  time  for  the  western  purposes  think  the 
difficulty  you  had  in  the  winter  will  be  remov’d.  I 
have  sent  your  trunks  by  the  packet  to  Baltimore  & 
instructed  the  master  of  the  packet  to  deliver  them 
himself.  I have  also  forwarded  y^  letter  to  M-  Cur- 
son.  Do  you  recollect  anything  further  here  that  I 
should  attend  to  besides  those  you  gave  me  in  charge  ? 
Every  thing  relative  to  the  negotiations  are  completed 
so  that  you  will  of  course  receive  the  instructions  im- 
mediately. I think  you  left  town  before  a particular 
clause  had  rec’d  its  negative.  It  was  the  only  one 
which  remain’d  undecided  on  so  that  you  will  com- 
prehend me  without  my  particularizing  it.  Your  let- 
ters by  post  I shall  forward  to  you  : the  one  from  Mr. 
Hopkinson  if  it  arrives  I shall  attend  to  & apply  the 
contents  as  you  desir’d  me. 

I am  y^  ’affec.  frP  & servant,  Ja^  Monroe. 


26 

THE  WRITINGS  OF 

00 

L_l 

P.S.  Partout^  & myself  agree  very  well  only  now 
& then  we  require  the  aid  of  an  interpreter.  I have 
had  one  or  two  comfortable  solitary  dinners  upon 
little  more  than  vegetables  & coffee  cream.  He  says 
“ comme  vous  dinez  Monsieur  tout  seul  il  est  tres 
necessaire  pour  reduire  la  provision  et  pour  accom- 
moder  la  depense  a cette  changement.” 


TO  THOMAS  JEFFERSON. 

Annapolis,  May  20,  1784. 

Dear  Sir, — I have  rec'^  Mr.  Hopkinson’s  letter 
enclosing  from  the  office  of  finance  a bill  containing 
506  f doH  which  I will  negotiate  agreeably  to  your 
desire,  pay  y®  Intendant  the  sum  you  owe  him  & 
transmit  the  balance.  The  committee,  of  which  I am 
a member,  appointed  to  view  the  country  around 
Georgetown  under  the  Princeton^  engagement  set 
out  this  morning  upon  that  business.  I think  with 
you  that  it  will  be  proper  to  effect  this  business  before 
the  adjournment  & no  time  may  better  be  spar’d 
than  the  present.  For  four  or  5.  days  past  the  quali- 
fication of  the  Delegates  from  R.  I.^  hath  been  the 
only  subject  before  us.  The  motion  respecting  them 
was  from  M”*-  Read.  This  brought  forward  the  report 

^ Jefferson  and  Monroe  had  messed  together  at  Annapolis  and  Partout  was 
their  caterer. 

^Congress,  while  sitting  at  Princeton,  had  on  October  30,  1783,  appointed  a 
committee  “to  repair  to  the  lower  falls  of  the  Potomack  to  view  the  situation 
of  the  country  in  the  vicinity  of  the  same  ” and  to  report  a proper  district  for 
the  residence  of  Congress. 

® Objection  had  been  made  to  the  right  of  Messrs.  Ellery  and  Howell,  the 
delegates  from  Rhode  Island,  to  act  as  members  of  the  Congress,  upon  the 
ground  that  the  year,  for  which  they  had  been  appointed,  had  expired. 


1784]  JAMES  MONROE.  27 


of  the  committee  which  was  them  & conformable 
to  the  principles  establish’d  in  the  case  of  Delanson. 
Upon  the  question  shall  the  resolution  stand  ? 4.  States 
voted  in  the  affirmative,  2.  in  the  negative  & 3.  were 
divided.  Of  course  it  was  enter’d  in  the  journals 
that  it  was  lost.  The  question  then  was,  are  they 
under  this  vote  delegates  ? On  the  side  of  those  in  the 
negative  the  arguments  are, — if  7.  states  were  on  the 
floor  represented  generally  by  but  two  members  & 
the  question  was,  shall  a delegation  retain  its  seat,  or 
any  particular  member,  the  time  of  service  having 
actually  expir’d,  yf  vote  of  one  member  only  wo’d 
keep  him  in  Congress.  2.  that  the  question  is  not, 
shall  they  be  turn’d  out  ? it  is  not  an  ordinary  legisla- 
tive act,  but  a judicial  one  & the  confederation  the  law 
& to  be  appli’d  to  the  case  in  question,  it  is  a question 
of  right.  Does  it  or  not  exist — if  it  does  what  number 
of  States  are  necessary  to  confirm  it.  That  in  all 
judicial  decisions  the  majority  of  at  least  the  sitting 
members  is  necessary  to  establish  any  right — in  most 
or  indeed  all,  a majority  of  the  commission.  That 
here  it  is  more  essentially  necessary,  that  the  majority 
of  the  U.  S.  in  Congress  assembled  are  competent 
only  to  the  inferior  duties  of  gov^ : that  9.  states  are 
necessary  to  the  most  important  acts  : that  a scrupulous 
attention  to  the  object  & principles  of  the  confedera- 
tion wo’d  perhaps  require  that  the  number  necessary 
to  govern  the  States  sho’^!  concur  in  the  opinion  of 
the  validity  of  their  respective  credentials,  but  that 
neither  the  policy  of  the  confederation  nor  any 
principle  of  gov’ts  will  admit  that  the  consent  of 


28 

THE  WRITINGS  OF 

[1784 

less  than  7.  States  shall  be  necessary,  that  in  this  case 
there  is  not  only  a minority  of  the  U.  S.  in  Congress 
assembled  in  their  favor  but  a minority  of  those  pres- 
ent. On  the  other  side,  it  was  argued  i.  that  having 
their  seats  7.  States  are  necessary  to  turn  them  out, 
that  the  power  of  excluding  delegations  from  their 
character  & office  sho'^  not  be  committed  to  a less 
number : that  if  the  question  was  shall  a delegation 
be  admitted  under  indisputable  credentials  from  his 
State,  the  number  present  being  as  before  stated,  & 
only  one  member  voted  ag’nst  it,  it  wo’d  be  negativ’d, 
that  this  wo'^  be  a dangerous  engine  in  the  hands  of 
party  men.  that  the  resolution  of  the  committee  ag’n^‘ 
them  was  negativ’d  & of  course  they  remain  members. 
I submit  to  you  the  reasons  on  both  sides  as  they 
occur  to  me  at  present  but  perhaps  I do  not  recollect 
the  whole,  for  being  just  ready  to  mount  our  horses  I 
have  not  time  to  be  so  particular  as  I col  wish.  Give 
me  y’""  opinion  upon  this  affi  I have  negotiated  the 
affi  of  the  bill,  p^l  the  Intendant  ^ £ 10  s & inclose 
you  the  balance  except  three  doll’rs  w’h  he  gave  me  in 
money  & wM  retain  not  being  able  to  send  it.  I 
inclose  you  a cypher  which  I hope  you  will  be  able  to 
read,  but  upon  examining  it  I find  it  incomplete  & 
must  therefore  leave  it  with  Clerici  to  be  finish’d 
& sent  by  post.  The  gentlemen  wait  for  me  & 
have  only  time  to  add  that  I am  £.  affec^®  friend  & 
servJ 


Ja?  Monroe. 


1784]  JAMES  MONROE.  29 


TO  THOMAS  JEFFERSON. 

Annapolis,  [May]  25,  1784. 

Dear  Sir, — I rec’5^  this  moment  yours  of  the  2i®‘* 
My  letter  by  the  last  post  will  inform  you  of  the  occa- 
sion w’^  pointed  that  as  the  favorable  moment  for  a 
trip  to  Georgetown  & of  our  availing  ourselves  of  it. 
Yesterday  evening  we  return’d.  Our  report  will  be  in 
favor  of  the  Maryland  side  & of  a position  near  the 
town.^  Upon  our  return  we  found  that  business  had 
been  conducted  as  we  expected.  The  aff’r  of  Rhode 
Isl’^^  had  not  been  setled  till  Monday  (yesterday)  & 
that  in  a very  extraordinary  way.  I inform’d  you 
whence  the  motion  for  inquiry  originated  & I believe, 
of  the  warmth  with  w’^  it  was  conducted.  I never  saw 
more  indecent  conduct  in  any  Assembly  before.  The 
dispute  was  more  pointed  between  Mercer  & Howell. 
After  exhausting  each  other,  the  earnest  desire  to  pro- 
ceed to  business  existing  with  the  other  part  of  Con- 
gress prevail’d  & this  consideration  being  forc’d  to 
give  way  to  that  Mercer  & Read  had  only  the  alter- 
native of  withdrawing  or  putting  their  protest  upon 
the  journals.  Virginia  & S.  Carolina  stand,  I hear, 
for  as  yet  I have  seen  nothing  formally  enter’d,  in  pro- 
test agnst.  the  continuance  of  these  delegates  or  their 
right  to  vote,  under  their  present  authority.  I am  told 
this  is  in  the  name  of  the  delegations  on  behalf  of  their 
respective  States.  What  hath  this  business  to  do  with 
Virginia  or  Virginia  with  it,  more  than  any  other  state 
in  the  U.  S.  ? & wherefore  is  she  bro’‘  so  intemper- 
ately  & actively  on  the  field  ? To-day  we  resume  ( I 

’ The  site  finally  determined  upon,  and  on  which  the  city  of  Washington 
now  stands. 


30 

THE  WRITINGS  OF 

[1784 

am  inform’d)  yf  consideration  of  yf  western  posts. 
What  will  be  the  result  is  incertain.  New  York,  I 
hear,  will  put  restraint  on  every  measure  till  she  at- 
tains the  object  of  her  memorial  or  statem’^  handed  in 
before  you  left  us.  Other  States  will  be  perhaps  for 
doing  nothing  & some  persons  who  cannot  perhaps  at- 
tain what  they  wish  may  attempt  to  mar  the  whole. 
We  have  now  only  8 days  before  the  adjournment  so 
that  the  prospect  of  effecting  these  & other  objects  be- 
fore us  is  unfavourable.  My  last  letter  gave  you  the 
balance  of  what  Mr.  Jenefer  inform’d  me  from  his 
memory,  for  he  had  no  memorandum  ab’t  him,  & the 
post  admitted  not  of  delay,  w’^  I p’d  him.  I under- 
stood the  whole  was  for  y’''self  & transmitted  it  to  you 
in  bank  bills  except  ab’t  7 or  8 dob.®  for  w’^  I co’d  not 
procure  a bill.  By  y’f  letter  I am  inclin’d  to  suspect  I 
have  been  mistaken  & that  I sho’^^  have  given  the 
balance  to  Mr.  Hardy,  but  this  or  any  other  mistake 
you  will  please  to  rectify  & give  me  the  necessary  in- 
formation & let  me  do  it.  I shall  go  instantly  upon 
the  business  of  yf  other  commands.  Forw’^^,  if  not  yet 
gone,  y’f  instructions  &c.,  & will  attempt  giving  you 
powers  to  negotiate  with  F.^  if  you  have  them  not,  but 
I suppos’d  you  had,  for  so  I think  it  was  reported  & I 
do  not  recollect  that  it  was  negativ’d.  It  is  certainly 
necessary  something  sho’f^  be  done  respecting  the  re- 
straint on  tob°^  in  France,  to  extricate  it  from  the 
monopoly  of  the  farmers  gen!  contrary  in  my  opinion 
to  the  spirit  of  the  treaty,  but  I am  not  sufficiently  in- 
form’d on  this  subject  to  take  it  up  & wish  y’f  advice. 
The  cypher  I find  is  imperfect,  I have  only  us’d  it  for 


* France. 


Tobacco. 


1784]  JAMES  MONROE.  31 


the  present  purpose.  It  appears  to  me  only  to  want 
one  to  write  by  & in  that  case  we  may  remedy  the 
inconvenience.  Otherwise  I will  make  a new  one 
& forw’^  it  by  Mf  Lucerne  or  some  other  gentleman 
of  distinction.  I shall  write  you  constantly,  as  well 
before  you  quit  the  continent  as  after.  I have  the 
pleasure  to  inform  you  that  I have  information  from 
Mf  Jones  that  the  facilities  will  eventually  be  of  as 
great  convenience  to  our  State  as  any  in  the  Union, 
& that  their  admission  is  consider’d  as  a great  eas’- 
ment  to  the  State.  Y’y  fri’^^  & serv’^. 

Ja!  Monroe. 

P.S.  Be  so  kind  as  assure  Mf  Hopkinson  that 
I consider’d  the  part  of  his  letter  you  allude  to  was 
only  intended  for  y^'self  & that  I have  kept  it  as  secret 
as  his  utmost  delicacy  wo^^  require,  assure  him  further 
that  in  yf  absence  by  any  letters  address’d  to  me  he 
shall  most  fully  command  my  services.  I have  wrote 
to  the  chevak  at  B.  to  desire  Mf  Curson  to  forward 
me  his  acc^  which  I shall  pay  immediately  & also  to 
inquire  ab’^  the  books.  I still  owe  you.  W’ll  you  tell 
me  to  whom  I shall  make  payment. 


TO  THOMAS  JEFFERSON. 

Annapolis,  June  i,  1784. 

Dear  Sir, — I have  been  favor’d  with  yours  of  the 
25.  by  y®  last  post  with  its  enclosures  & will  pay  due 
attention  to  the  contents.  Two  points  have  been 
effected  since  my  last ; y®  putting  y®  office  of  finance 
into  commission  & establishment  of  the  committee  of 


32 

THE  WRITINGS  OF 

[1784 

the  States  & appointm’t  of  the  members.  Each 
State  nominated  its  own  member,  & Congress  con- 
firm’d the  preference.  The  committee  consist  of 
Mr.  Blanchard,  Dana,  Ellery,  Sherman,  DeWitt, 
Dick,  Hand,  Chase,  Hardy,  Spaight  & Read ; for 
the  States  not  represented  on  the  floor  any  member 
who  produces  credentials  may  take  his  seat.  The 
members  also  may  release  each  other  at  pleasure. 
These  resolutions  were  introduc’d  by  Mercer  & sup- 
ported by  Read  : by  w^  the  appointment,  if  this  rule 
continues  (longer  than  the  present  Congress  or  rather 
committee)  is  taken  out  of  the  hands  of  Congress  & 
rested  in  the  delegation  of  each  State  & of  course 
given  to  whomever  y®  chance  of  a popular  vote,  may 
place  at  the  head  of  a delegation,  for  those  who  pay 
a delicate  attention  to  the  sense  of  the  State  must 
take  that  sense  from  such  evidence  as  appears  to 
them.  The  powers  of  the  committee  are  confined  so 
that  no  injury  can  be  effected.  Sherman  & Dana  will 
necessarily  govern  it.  Read  & Spaight  will  be  to- 
gether. Hardy  will  perhaps  be  of  the  same  society  & as 
the  part  they  will  act  will  perhaps  be  rather  an  intem- 
perate one,  they  will  have  no  weight  themselves  & 
throw  the  indifferent  states  into  the  other  scale.^  I 

’ The  Committee  of  the  States  was  appointed  May  29,  1784.  Its  powers  were 
fixed  by  the  following  resolution  adopted  on  that  day. 

“ Resolved,  That  the  Committee  of  the  States,  which  shall  be  appointed 
pursuant  to  the  ninth  of  the  Articles  of  Confederation  and  Perpetual  Union,  to 
sit  in  the  recess  of  Congress,  for  transacting  the  business  of  the  United  States, 
shall  possess  all  the  powers  which  may  be  exercised  by  seven  States  in  Congress 
assembled,  except  those  of  sending  ambassadors,  ministers,  envoys,  residents, 
consuls  or  agents,  to  foreign  countries  or  courts — establishing  rules  for  deciding 
what  captures  on  land  or  water  shall  be  legal,  and  in  what  manner  prizes  taken 
by  land  or  naval  forces  in  the  service  of  the  United  States  shall  be  divided  or 


JAMES  MONROE. 


1784] 


33 


shall  sit  out  a day  or  two  after  the  adjournment  for  Virgt 
& propose,  if  possible,  to  effect  the  purchase  of  the 
land  from  Markes  & if  necessary  will  go  to  Alber- 

appropriated — establishing  courts  for  receiving  and  determining  finally  appeals 
in  cases  of  capture — constituting  courts  for  deciding  disputes  between  two  or 
more  States — fixing  the  standard  of  weights  and  measures  for  the  United 
States — changing  the  rate  of  postage  on  the  papers  passing  through  the  post 
offices  established  by  Congress — of  repealing  or  contravening  any  ordinance  or 
act  passed  by  Congress — or  appointing  civil  or  military  offices,  unless  to  supply 
the  places  of  such  within  the  United  States  as  the  Committee  may  suspend  for 
malconduct,  or  to  fill  up  vacancies  which  may  hereafter  happen,  by  death,  resig- 
nation, or  otherways,  within  the  said  States  ; provided  such  appointments  shall 
not  continue  more  than  one  month  after  the  assembling  of  Congress  in  No- 
vember next,  unless  confirmed  by  them. 

“ That  no  question,  except  for  adjourning  from  day  to  day,  shall  be  determined 
without  the  concurrence  of  nine  States. 

“ That  a chairman,  to  be  chosen  by  the  Committee,  shall  preside.  That  the 
officers  of  Congress,  when  required,  shall  attend  on  the  said  Committee. 

“ That  the  Committee  shall  keep  a journal  of  their  proceedings  to  be  laid  be- 
fore Congress  ; and  that  in  these  journals,  which  shall  be  published  monthly, 
and  transmitted  to  the  executives  of  the  several  states,  shall  be  entered  the 
yeas  and  nays  of  the  members,  when  any  one  of  them  shall  have  desired  it 
before  the  question  be  put. 

“ That  if  it  shall  happen  that  any  of  these  United  States  shall  not  be  repre- 
sented in  Congress  at  the  time  of  electing  the  Committee  of  the  States,  or  if  no 
delegate  shall  be  elected  by  Congress  for  any  particular  State,  such  State  or 
States  may  be  represented  therein  by  any  one  of  the  delegates  of  such  State  or 
States,  and  the  members  of  the  delegation  of  any  State  may  relieve  each  other, 
in  such  manner  as  may  be  agreed  on  by  themselves,  or  directed  by  their  State. 

“In  case  any  unexpected  and  very  important  business  occurs,  in  which  the 
Committee  may  think  the  happiness  or  peace  of  the  United  States  is  involved, 
and  to  which  they  are  not  competent,  it  shall  be  their  duty  to  appoint  a day  for 
the  meeting  of  Congress  prior  to  that  to  which  they  stand  adjourned,  and  to 
give  notice  of  the  same  to  the  supreme  executives  of  the  several  States,  that  the 
delegates  may  have  notice  to  attend. 

“ That  the  Committee  shall  have  power  to  receive  communications  from  for- 
eign ministers,  and  to  lay  them  before  the  Congress  when  they  shall  convene, 
but  shall  transact  no  business  with  them,  unless  authorized  thereto  by  particular 
acts  of  Congress.” — yournal  of  Congress,  May,  29,  1784. 

The  Committee  held  its  first  session  June  4,  1784,  when  Mr.  Hardy,  of  Vir- 
ginia, was  elected  Chairman,  and  an  adjournment  was  had — “ for  the  benefit 
of  the  health  of  the  members,  and  to  give  an  opportunity  for  seme  respite  after 


34 

THE  WRITINGS  OF 

[1784 

marie/  I intend  also  to  put  in  execution  the  plan  I 
had  in  view  of  visiting  the  western  country  if  no  diffi- 
culties arise  upon  my  arrival  in  Virg^  You  will  please 
direct  y’f  letters  for  me  to  Fredericksburg  thro’ 
whomever  you  think  proper  here.  I shall  hurry  M'’ 
Short  on  if  he  comes  by  Annapolis  but  suspect  he 
hath  pass’d  by  Baltimore  before  this.  I shall  write 
you  by  the  next  post  after  the  adjournment  of  Con- 
gress & give  you  information  of  our  ultimate  pro- 
ceedings ; the  western  posts  are  still  before  us  & will 
probably  receive  their  final  arrangm’t  tomorrow.  The 
plan  is  (ye  two  points  having  pass’d  by  yf  vote  of  7 
States,  the  whole  being  consider’d  as  one  ordinance) 
to  send  350  of  the  troops  from  W.^  point  immediately 
to  take  possession  of  the  posts,  & to  raise  700  men  to 
supply  their  places.  I think  it  will  pass.  The  col- 
lection of  military  stores,  arrangment  &c.  will  be  put 
under  the  direction  of  Gen’l  Knox.  I am  sincerely 
your  friend  & serv’t.  Ja®  Monroe. 

P.  S.  The  inclos’d  proceedings  of  the  Committee 
of  our  Assembly  were  forwarded  to  me  for  you  to 
carry  to  Europe  with  you. 

the  long  session  and  weighty  business  lately  before  Congress” — to  June  26th. 
From  that  time  it  met  almost  daily  until  August  19th,  when  it  adjourned  for 
want  of  a quorum. — Journal  of  the  Committee  of  the  States. 

* This  land  was  in  the  vicinity  of  Monticello,  and  Jefferson  was  very  anxious 
that  Monroe  should  purchase  it,  and  become  his  neighbor.  About  this  time  he 
wrote  Madison  : “ Monroe  is  buying  land  almost  adjoining  me.  Short  will  do 
the  same.  What  would  I not  give  if  you  could  fall  into  the  circle.  With  such 
society,  I could  once  more  venture  home,  and  lay  myself  up  for  the  residue  of 
life,  quitting  all  its  contentions,  which  daily  grow  more  and  more  insupportable.” 

^ West  Point. 


1784]  JAMES  MONROE.  35 


TO  THOMAS  JEFFERSON. 

King  George,  July  20,  1784. 

Dear  Sir, — By  Mr  Short  I have  the  pleasure  to 
forward  you  a more  complete  cypher  in  which  we  will 
correspond  in  future.  He  will  find  you,  I hope,  safely 
arriv’d  in  Paris  & recover’d  from  the  fatigues  of  your 
voyage  & situated  with  Miss  Patsy  ^ agreeably  to  your 
wish.  In  my  letters  from  Annapolis  I inform’d  you 
of  the  latter  proceedings  of  Congress  & as  I address’d 
them  to  Boston  hope  you  rec’^l  them.  Mr  Madison, 
whom  I saw  lately  at  Richmond,  will  give  you  the 
proceedings  of  the  Assembly  : three  important  ob- 
jects have,  I find,  imploy’d  their  attention  ; the  en- 
larging the  powers  of  Congress,  regulation  of  the 
commerce  of  the  State  & the  recommendations  of 
Congress  under  the  treaty.  Their  resolutions  in  the 
first  instance  I enclos’d  to  you  for  Boston.  In  the 
2^  they  have  establish’d  a port  on  each  river,  to  w^ 
they  have  restricted  the  vessels  of  foreign  nations  in 
the  reception  & unlading  of  their  cargoes.  They 
have  defer’d  the  commencem’t.  of  the  operation  of 
this  law  to  the  expiration  of  two  years  in  the  expecta- 
tion that  the  craft  necessary  for  the  river  carriage  will 
be  prepar’d  by  that  time,  so  that  from  y®  commencm‘ 
it  may  effect  no  injury  to  the  people  ; but  this  I think 
a visionary  hope.  Those  who  otherwise  wo'^  turn 
their  attention  to  the  subject,  will  think  it  too  incer- 
tain an  event  to  calculate  on,  & the  operation  of  the 
law  will  find  not  a single  vessel,  prepar’d  to  supply  the 

^ Mr.  Jefferson’s  eldest  daughter,  Martha.  She  was  then  twelve  years  of  age. 
In  1790  she  married  her  cousin,  Thomas  Mann  Randolph,  who  was  subse- 
quently a member  of  Congress  and  Governor  of  Virginia. 


36  THE  WRITINGS  OF  [1784 


exigency  it  will  require  ; from  this  circumstance,  I 
fear  a repeal  will  be  attempted  ; I hope,  however,  it 
will  fail  & that  this  is  only  a step  to  a more  wise  & 
mature  system  of  policy.  If  too  many  ports  are  ad- 
mitted will  the  objects  of  the  State  be  attain’d,  or  on 
the  contrary  will  they  not  serve  as  subsidiary  to  Balti- 
more & the  other  towns  on  the  continent  who  aim  at 
our  trade  ? Will  it  not  be  an  exertion  to  promote 
their  interest  by  collecting  the  produce  of  the  State 
to  particular  ports,  & thereby  throw  it  more  particu- 
larly into  the  vortex  of  Baltimore,  since  the  operation 
of  each  town  will  be  confin’d  to  the  river  on  w^  it  is 
plac’^  ? It  appears  to  me  unwise  to  attempt  erecting 
more  than  one  great  town  at  a time,  since  they  will 
fail  altogether  while  the  exertion  is  beyond  the  means 
necessary  to  effect  it.  You  will  inform  me  under  the 
treaties  which  subsist  what  regulations  we  may  make 
that  will  at  least  make  the  advantages  arising  from 
our  intercourse  with  those  nations  reciprocal.  If  Sp?, 
for  instance,  takes  off  her  duties  or  makes  them  lighter 
on  any  produce  of  these  States,  then  the  other  powers 
with  whom  we  are  or  may  be  connected,  they  refusing 
us  such  privileges,  can  we  & is  it  consistent  with  the 
usage  of  nations  to  give  her  reciprocal  advantages 
here,  the  treaties  between  us  & each  power  being,  as 
that  with  France,  on  the  principle  of  the  right  of  the 
“ most  favor’d  nation.”  I make  the  enquiry  more  for 
information  of  the  usage  of  nations  than  from  any  dif- 
ficulty ab’t  the  usual  import  of  the  words.  Hath  there 
been  any  investigation  at  the  instance  of  any  nation 
that  you  can  find,  of  the  extent  of  the  sense  of  these 
words  & of  the  obligations  enter’d  into  under  this 


1784]  JAMES  MONROE.  37 


form  ? Is  our  tob’°  restrain’d  in  its  sale  in  the  first 
instance  to  the  farmers  gen!  alone,  & if  this  is  the 
case  is  it  not  contrary  to  the  spirit  of  the  treaty  ? 
Sho'^  not  our  ministers  be  instructed  to  attempt  its 
removal  You  will  be  so  kind  as  give  me  every  in- 
formation upon  these  subjects  you  think  necessary, 
for  perhaps  my  inquiries  may  not  extend  to  every 
object  upon  w*?  I sho’"^  be  inform’d.  I beg  of  you  also 
to  turn  my  attention  to  those  other  great  objects  to 
which  in  y*"  opinion  it  sho’^^  be  applied,  for  a variety  of 
points  may  arise  to  you  when  you  look  back  on  our 
country,  in  w^  our  policy  may  no  doubt  be  much  im- 
prov’d. The  laws  prohibiting  the  executions  for  re- 
covery of  Brit’!"  debts  are  still  in  force.  An  address 
or  some  thing  of  that  nature  is  made  to  Congress 
upon  that  subject,  desiring  their  sense  of  the  pro- 
priety of  keeping  them  in  form  until  satisfaction  is 
made  for  the  removal  of  the  negroes  from  N.  York. 
Of  this,  however,  Mf  Short  will  give  you  further  in- 
formation. The  day  after  to-morrow  I sit  out  upon 
the  route  thro  the  western  country.  I have  chang’d 
the  direction  & shall  commence  for  the  westward  upon 
the  N?  river,  by  Albany  &c.  I shall  pass  through  the 
lakes,  visit  the  posts,  & come  down  to  the  Ohio  & 
thence  home.  This  route  will  necessarily  take  me  all 
the  time  during  the  recess  of  Congress.  Of  course  I 
shall  not  be  able  to  attend  the  committee  of  the  States 
agreeably  to  engagement  made  between  my  col- 
leagues, & to  accommodate  w^  generally,  a resolution 

' Jefferson  acted  upon  this  suggestion.  See  his  letter  of  Aug.  15,  1785,  to  the 
Count  de  Vergennes,  protesting  against  the  monopoly  of  the  Farmers  General 
in  tobacco. 


38 

THE  WRITINGS  OF 

[1784 

pass’d  authorizing  such  relief  to  each  other.  The  first 
act  of  the  committee  was  to  adjourn  to  the  26.  since 
I believe  they  have  not  met.  Mr  Short  will  inform 
you  of  the  result  of  Cob  Harvie’s  negotiation  for  me 
with  Marks  for  his  land.  My  failure  in  this  instance 
will  not  abate  my  desire  to  effect  a settlement  in  that 
country,  it  will  still  form  one  of  my  capital  objects  & 
will  put  it  in  execution  as  soon  as  possible.  I had 
hopes  of  receiving  a copy  of  yf  answer  to  the  queries 
of  Mr.  Marbois  but  suspect  you  fail’d  in  obtaining 
yf  desire  in  Phib.  Will  you  effect  it  in  Paris  upon 
terms  agreeable  to  yr  wishes  ? I shall  certainly  be  in 
Trenton  on  the  30th  of  October.^  - In  the  trip  1 shall 
take,  I may  perhaps  acquire  a better  knowledge  of  the 
posts  w^  we  sho'l  occupy,  the  cause  of  the  delay  of  the 
evacuation  of  the  Brit^  troops,  the  temper  of  the  In- 
dians tow^  us,  as  well  as  of  the  soil,  waters  & in  genl 
the  natural  view  of  the  country.  Capt"  Tenny,  whom 
we  saw  at  Annapolis,  accompanies  me.  I am  sensible 
of  the  fatigue  I shall  undergo  but  am  resolv’d  to 
sustain  it.  I am  with  my  best  wishes  for  y5  health 
yf  affectionate  friend  & servant. 

jAf  Monroe. 

TO  THOMAS  JEFFERSON. 

New  York,  August  gth,  1784. 

Dear  Sir, — I wrote  you  lately  by  Mr.  Short  from 
Richm"^.  He  intended  sailing  in  a few  days  from 
Warwick  so  that  by  this  time  or  at  least  before  this 
reaches  you,  you  will  have  rec'^  it.  I am  so  far  on 

* Congress  had  adjourned  June  3d,  to  meet,  at  Trenton,  on  Oct.  30th  fol- 
lowing. 


1784]  JAMES  MONROE.  39 


my  way  in  performance  of  my  trip  thro’  the  Lakes, 
rivers,  &:c.  You  will  observe  by  this  that  I have 
chang’d  my  route  & commence  for  the  Westw^  here 
up  the  N°  river,  thence  to  the  Lakes,  thro’  the  Lakes 
to  Detroit  & thence  to  the  Ohio — from  the  Ohio 
home.  Upon  the  Ohio  I purchase  horses.  Perhaps 
I may  visit  Montreal.  Had  I a month  more  to  spare, 
I wo"^  go  to  Boston,  up  the  Kennebeck  river,  to  Que- 
bec & thence  on.  I will  certainly  see  all  that  my  time 
will  admit  of.  It  is  possible  I may  lose  my  scalp  from 
the  temper  of  the  Indians,  but  if  either  a little  fight- 
ing or  great  deal  of  running  will  save  it  I shall  escape 
safe.  I sit  out  up  the  N°  river  in  very  agreeable 
company,  Vaughn  & family  are  of  the  party.  I 
am  y.  affect,  fn?,  etc.  Ja®.  Monroe. 


TO  GOVERNOR  BENJAMIN  HARRISON.^ 

Trenton,  Oct.  30,  1784. 

Sir, — I have  the  honor  to  inform  your  Excellency 
that  I arrived  here  last  night,  and  can  with  pleasure 
add  we  have  the  prospect  of  a representation  of  the 
states  in  a few  days.  As  yet  neither  of  my  colleagues 
have  joined  me  ; but  I understand  Mr.  Lee  is  in 
PhiP,  and  of  course  expect  him  to-day.  In  a visit  I 
lately  made  by  the  North  river  to  the  lakes,  in  the 
necessity  I was  under  of  returning  thro’  Canada  to 
the  States,  I was  informed  of  some  of  the  measures 
adopted  by  the  British  Government  in  that  province, 

^ Courteously  supplied  by  Lyon  G.  Tyler,  President  of  the  College  of  William 
and  Mary,  who  states  in  his  “ Letters  and  Times  of  the  Tylers  ” that  a letter 
similar  to  this  was  written  by  Mr.  Monroe  to  Mr.  Tyler,  then  Speaker  of  the 
House  of  Delegates, 


40 

THE  WRITINGS  OF 

[1784 

which  I conceived  highly  interesting  to  us  ; that  the 
commanding  officer  had  received  orders  to  retain  the 
possession  of  the  posts  which  fell  within  our  lines  by 
the  treaty,  and  which  sho'^  have  been  evacuated  some- 
time since,  and  that  many  of  the  vessels  on  the  lakes, 
laid  aside  under  the  provisional  treaty  for  a peace 
establishment  were  again  put  in  commission.  This 
information  I had  from  authority  so  respectable  as  to 
gain  my  entire  assent,  which  further  added  that  this 
procedure  was  founded  on  the  conduct  of  the  States 
of  New  York  and  Virginia,  which  they  accuse  of  hav- 
ing violated  the  treaty.  From  every  information  I 
could  obtain  I have  reason  to  believe  that  the  temper 
of  that  court  is  very  unfriendly  to  us  and  that  they  re- 
quire only  the  most  flimsy  pretext  to  create  a rupture  ; 
their  councils  are,  it  is  true,  in  a divided  state,  but,  in 
the  talents  and  superior  popularity  of  Mr.  Pitt,  this 
may  not  long  be  the  case.  I have  thought  it  my  duty 
to  give  to  y""  Excellency  this  information  and  have  the 
honor  to  be  with  great  respect  and  esteem 

Your  most  humble  servant, 

Monroe. 


TO  THOMAS  JEFFERSON. 

Trenton,  Nov.  i,  1784. 

Dear  Sir, — Two  days  since  I arriv’d  here  after 
performing  a tour  up  the  North  river  by  fort  Stanwix 
down  the  wood-creek,  thro’  y®  Oneida  Ontario  & (by 
the  Niagara  falls)  part  of  lake  Erie,  thence  back  by 
Niagara  thro’  y®  Ontario  by  Coolton  Island  thro’  the 
S^  Laurence  to  Montreal  & from  Montreal  over  lake 


1784]  JAMES  MONROE.  41 


Champlain  by  Albany  to  N.  York  again.  You  find  I 
have  taken  a route  different  from  the  one  I intended, 
as  my  object  was  to  take  in  my  view  the  practicability 
also  of  a communication  from  Lake  Erie  down  the 
Potowmack.  But  from  this  I was  dissuaded  by  an 
accident  w^  happen’d  to  some  of  the  party  upon  lake 
Erie,  with  whom  I came  from  fort  Stanwix  to  Niagara. 
I had  separated  from  them  by  accident  three  days  be- 
fore the  event.  They  landed  near  some  Indian  huts 
(a  Mr.  Teller  from  Schenactady  with  four  men  in  a 
batteaux)  & were  fir’d  on  by  those  Indians,  Mr. 
Teller  & two  men  killed  & a 4^^  wounded  ; the  latter 
with  the  made  their  escape.  The  indian  chiefs 
highly  reprehended  the  act  & were,  at  the  earnest  in- 
stigation of  the  gentlemen  of  the  Brit’h  garrison,  en- 
deavoring to  detect  &:  bring  the  villains  to  justice. 
Upon  advice  of  this  disaster  Colo.  Depeister,  com- 
manding at  Niagara,  sent  an  Express  to  me  just  en- 
tering upon  Lake  Erie  advising  my  return,  with  w^  I 
complied  & took  the  above  route  to  this  place.  My 
excursion  hath  been  attended  with  great  personal  ex- 
posure & hardship  & much  greater  expence  than  I 
had  expected.  It  hath,  however,  I hope  been  advan- 
tageous to  me  in  some  respects.  I have  ascertain’d 
I believe  with  some  accuracy  the  different  degrees  of 
difficulty  from  Michelemachinac  down  the  Grand  river 
to  Montreal,  thro’  the  Lakes  to  Montreal  and  by  the 
North  river.  The  preference  is,  at  least  so  far,  in 
favor  of  the  North  river.  The  first  leisure  time  I 
have  I will  take  the  route  of  Fort  Pitt  to  Lake  Erie 
& form  some  estimate  in  that  direction. 


42 

THE  WRITINGS  OF 

[1784 

Here  I find  the  country  from  Montreal  much 
richer  than  I had  expected  although  I am  of  opin- 
ion L’d  Sheffield’s  expectations  are  visionary  in 
his  calculation  that  it  will  supply  the  Islands  with 
flour  & lumber.  Still  I think  it  has  great  re- 
sources in  those  articles,  but  the  best  timber  is 
high  up  the  river,  w’^  together  with  the  difficulty  of 
getting  it  down  the  rapids  & thro’  the  gulph  of  the 
S’t  Lawrence  to  the  West  Indies  must  make  it  an  ex- 
pensive trade  to  them,  more  expensive  I am  told  than 
that  from  the  Baltic.  If  I were  to  estimate  the 
present  or  the  probable  future  value  of  Canada  to  the 
Brit’^  dominion,  consider’d  in  a commercial  light  and 
compare  it  with  the  expense  necessarily  incurr’^^  if  they 
keep  up  a military  establishment  in  supporting  it,  I 
sho^  think  Britain  wo"^  act  a politic  part  in  relinquish- 
ing it  and  the  not  doing  it  satisfies  me  she  either  has 
or  will  have  other  objects.  Under  the  bounds  of  the 
U.  S.,  by  the  late  treaty,  the  principal  part  of  the  fur 
trade  must  leave  it  & run  in  some  channel  within  the 
U.  S.  The  merchants  established  or  connected  in  it, 
the  batteaux  men  and  other  dependents  will  take  the 
same  course.  This  will  increase  the  expense  of  their 
government  in  supplying  their  upper  ports  in  Canada 
as  the  price  of  hands  will  be  higher  and  the  means 
scarcer.  In  addition  to  those  difficulties  which  nature 
has  thrown  in  her  way,  others  will  exist  under  their 
government  to  which  ours  will  be  a stranger  at  pres- 
ent. No  merchant  is  allowed  to  build  vessels  on  the 
lakes,  but  must,  if  he  takes  the  course,  avail  himself 
of  those  of  government  and  this  exposes  them  to  con- 


1784]  /AMES  MONROE.  43 


stant  and  most  oppressive  impositions.  Their  peltries 
are  subject  to  duties  and  preference  passes  from  Lake 
Superior  to  Montreal.  The  duties  may  be  taken  off 
but  the  preference  passes  can  not  be  prevented ; 
while  the  restraints  on  their  trade  are  high  it  will  be 
our  policy  to  increase  them  in  every  instance  wherein 
they  depend  on  us  ; while  we  give  those  within  our 
bounds  great  indulgences  we  must  prohibit  under  high 
penalties  all  commerce  between  the  U.  S.  and  Can- 
ada ; prohibit  their  landing  or  storing  their  goods  on 
our  side  under  at  least  thirty  per  cent  advalorem  at 
the  place  where  landed.  Canada  I consider  as  stand- 
ing upon  different  ground  wdth  regard  to  us  from  any 
other  part  of  the  Dominions.  A free  intercourse  be- 
tween us  and  the  people  of  Canada  can,  in  my  opinion, 
only  be  advantageous  to  them  & will  defeat  any  po- 
litical arrangement  we  can  adopt  respecting  them. 
By  prohibiting  them  the  participation  of  the  advan- 
tages which  we  possess,  we  occasion  them  great  diffi- 
culty. Their  merchants  might  get  their  goods  much 
cheaper  up  the  North  river  than  the  S’t  Lawrence 
and  until  we  permit  them  to  navigate  on  our  shore 
from  y®  commencement  of  the  Ontario  they  are  de- 
priv’d of  the  possibility  of  navigating  it  except  in  ves- 
sels of  considerable  burden.  If  they  take  the  North 
instead  in  batteaux  they  must  go  round  the  lake  sev- 
enty miles  above  Niagara  & down  the  other  side 
before  they  reach  it  for  the  passage  is  impracticable 
there.  I submit  to  you  these  observations  that  you 
may  judge  what  right  they  sho’"^  have  in  forming  a 
treaty  of  commerce.  The  English  ministry  will,  I 


44 

THE  WRITINGS  OF 

[1784 

am  satisfied,  readily  agree  it  shall  be  so  framed  as  to 
exclude  the  U.  S.  from  a free  intercourse  with  Can- 
ada. Their  jealousy  will  tell  them  to  beware  how 
they  admit  it  lest  the  sweets  of  those  rights  which  we 
enjoy  might  invite  them  to  us  ; but  the  people  of 
Canada  will  be  more  sensible  of  our  blessings  by  the 
restraints  laid  on  them.  They  will  feel  their  own 
misfortunes  and  envy  the  blessings  to  be  attained 
under  the  protection  of  the  federal  arm.  In  the 
meantime  the  acquisition  of  Canada  is  not  an  object 
with  us,  we  must  make  valuable  what  we  have  already 
acquired  & at  the  same  time  take  such  measures  as 
will  weaken  it  as  a British  province. 

As  yet  we  have  not  a representation  of  the  States 
but  expect  it  in  a few  days.  This  will  certainly  be  a 
very  important  and  interesting  session.  In  Canada 
I was  informed  that  the  commanding  officer  had  re- 
ceived orders  not  to  evacuate  the  posts  and  that  many 
of  the  vessels  laid  aside  under  the  provisional  treaty 
had  again  been  put  in  commission  on  the  Lakes,  a 
measure  s’d  to  be  founded  upon  the  supposed  violat- 
ing of  the  treaty  by  New  York  and  Virginia.  The 
latter  in  not  repealing  the  laws  prohibiting  the  recov- 
ery of  British  debts  & the  former  in  confiscations. 
But  if  their  conduct  is  unauthoriz’d  is  this  the  way  to 
obtain  redress  ? I trust  that  the  conduct  of  Congress 
upon  this  occasion  will  be  firm  though  temperate  but 
indeed  we  are  in  a poor  condition  for  war ; we  may 
lose  much  but  can  gain  nothing.  The  minister  of 
finance  has  arriv’d  here  to  present  his  comm’n  to 
Congress.  Those  lately  appointed  in  his  stead  are 


1784]  JAMES  MONROE.  45 


too  diffident  I am  told  of  themselves  to  succeed  him  ; 
two  I hear  have  resign’d  ; the  situation  is  difficult  but 
the  road  for  Congress  to  take  appears  to  me  a plain 
one  ; an  arrangement  superseding  his  office  hath  taken 
place.  He  must  bid  us  farewell ; if  those  already- 
appointed  will  not  serve,  others  must  be  appointed  in 
their  stead.  Our  Indian  commissioners  have  quar- 
reled with  the  State  of  New  York  : the  State  also 
held  a treaty  with  the  Indians  which  preceded  ours  : to 
this  they  took  exception ; the  affair  will,  however, 
easily  be  accommodated.  The  delegations  are  gener- 
ally the  same  ; Williamson  is  here,  but  it  is  said 
Spaight  will  dispute  his  right  to  sit.  Pinckney  in- 
stead of  Beresford ; Georgia  has  a Houston  and 
Gibons  here,  the  former  has  been  to  Europe  to  leave 
behind  him  what  little  wit  he  had,  and  the  latter  I 
believe  never  had  any,  or  very  little  ; he  is,  however, 
a married  man  & I hear  well  intentioned.  The  court 
of  Pennsylvania  sentenc’d  the  man  who  made  the 
attack  on  Mr.  Marbois  to  pay  y®  fine  of  200  doP^  & to 
suffer  two  years  imprisonment.  With  this  he  is  dis- 
satisfied. Will  the  court  of  France  be  so.^  I will  write 
you  very  fully  so  soon  as  we  have  a Congress  & by 
every  packet  & private  opportunity  & beg  of  you  to 
do  the  same.  I have  not  heard  from  you  since  you 
left  Phil’a ; perhaps  your  letters  to  me  are  in  Virg^  if 
you  have  wrote.  I reach’d  New  York  10  days  after 
Mr.  Short  left  it.  I wish’"^  to  have  seen  him.  I hope 
yourself  & Miss  Patsy  are  well.  Where  shall  I address 
to  you  ? I am  with  the  greatest  respect  & esteem. 
Dear  Sir,  your  friend  &:  servant  Ja?  Monroe. 


* Cypher  to  this  point. 


46 

THE  WRITINGS  OF 

[1784 

TO  JAMES  MADISON. 

Trenton,  Nov^  7,  1784. 

Dear  Sir, — I inclose  you  a cypher  which  will  put 
some  cover  on  our  correspondence.  We  have  yet 
only  5.  States,  & not  a man  from  the  Eastward  ex- 
cept Mr.  Holton,  there  is  nothing  new  without  doors, 
w^  I have  not  communicated  to  the  Governor,  & of 
those  within  I must  defer  writing  to  you,  until  the 
next  post ; the  present  is  certainly  an  important  crisis 
in  our  affairs,  but  as  I shall  write  you  very  fully  by 
the  next  post  shall  only  add  that  I am  with  great 
respect,  etc. 

jAf  Monroe. 


TO  JAMES  MADISON. 

Trenton,  Nov.  15,  1784. 

Dear  Sir, — You  rec'^  I hope  by  the  last  post  a 
small  cypher  from  me.  At  fort  Stanwix  you  were 
necessarily  acquainted  with  the  variance  which  had 
taken  place  between  the  Indian  Commissioners  of  the 
U.  States  & those  of  New  York  as  well  as  of  the 
principles  upon  which  they  respectively  acted  & the 
extent  to  which  they  carried  them.  As  I reach‘d  N. 
York  about  eight  days  after  you  had  left  it  & the  Ind. 
Comm''®  were  then  on  the  ground  & have  not  since 
made  a stat’ment  of  their  final  transactions  there,  I 
have  nothing  new  to  give  you  upon  that  head.  The 
questions  w^  appear  to  me  to  arise  upon  the  subjects  of 
variance  are  i.  Whether  these  Indians  are  to  be  con- 
sidered as  members  of  the  State  of  N.  York,  or  whether 
the  living  simply  within  the  bounds  of  a State,  in  the 


1784]  JAMES  MONROE.  47 


exclusion  only  of  an  European  power,  while  they 
acknowledge  no  obedience  to  its  laws  but  hold  a 
country  over  which  they  do  not  extend,  nor  enjoy  the 
protection  nor  any  of  the  rights  of  citizenship  within 
it,  is  a situation  w^  will  even  in  the  most  qualified 
sense,  admit  their  being  held  as  members  of  a State  ? 
2.  Whether  on  the  other  hand  this  is  not  a description 
of  those  whose  management  is  committed  by  the 
confederation  to  the  U.  S.  in  Congress  assembled  ? 
In  either  event  the  land  held  by  these  Indians  having 
never  been  ceded  either  by  N.  York  or  Massachusetts 
belongs  not  to  the  U.  States  ; the  only  point  then  in 
w^  N.  York  can  be  reprehensible  is,  for  preceding,  by 
a particular,  the  general  Treaty.  This  must  be  attrib- 
uted to  a suspicion  that  there  exists  in  Congress  a 
design  to  injure  her.  The  transaction  will  necessarily 
come  before  us,  but  will  it  not  be  most  expedient  in  the 
present  state  of  our  affairs  to  form  no  decision  there 
on  ? I know  no  advantages  to  be  deriv’d  from  one. 
If  the  general  treaty  hath  been  obstructed  the  injury 
sustain’d  in  that  instance  is  now  without  remedy.  A 
decision  either  way,  will  neither  restore  the  time  we 
have  lost  nor  remove  the  impressions  w^  this  variance 
has  made  with  the  Indians  & in  the  Court  of  G. 
Britain  respecting  us.  If  the  right  of  Congress  hath 
been  contraven’d  shall  we  not  derive  greater  injury  by 
urging  it  to  the  reprehension  of  New  York  who  holds 
herself  aggriev’d  in  other  respects  than  by  suffering 
our  sense  of  that  delinquency  to  lay  dormant  ? Our 
purchases  must  be  made  without  her  bounds  & those 
Indians  whose  alliance  we  seek  inhabit  a country  to 
which  she  hath  no  claim. 


48  THE  WRITINGS  OF  [1784 


Mr  Marbois  is  dissatisfied  with  the  decision  of  the 
Court  of  Pennsylvania  in  a particular  affair.  His  own 
conduct  in  the  management  of  that  business  previous 
to  the  decision,  obtain’d  the  entire  approbation  of  the 
King  of  France,  as  he  is  assur’d  in  a letter  from  the 
Minister  of  Marine,  and  certainly  he  conducted  it  in 
as  high  a tone  as  the  Minister,  the  most  jealous  of  the 
honor  of  the  King  of  France  co*^  have  done.  Since 
that  period  he  hath  not  rec"^  yf  orders  of  his  court  & 
in  the  interval  hath  some  difficulty  how  to  act.  If 
Congress  go  to  Philad^  he  says  he  will  be  precluded 
from  a personal  attendance  or  communication  there. 
I have  considered  this  matter  more  attentively  since  I 
saw  you  & think  that  in  whatever  character  we  hold 
the  man  we  cannot  surrender  him  to  the  Court  of 
France  even  if  Pennsylvania  wo*^  accede  to  whatever 
we  desir’d.  That  all  they  have  a right  to  expect  is  that 
he  be  punish’d  agreeably  to  the  laws  of  PennsyP  & 
that  if  they  are  not  adequate,  others  be  made  for  pre- 
venting the  like  in  future,  w^  might  be  effected  by  a 
recommendation  from  Congress.  The  variance  w^ 
took  place  between  the  members  of  the  Committee 
of  the  States  wh^  terminated  in  their  abrupt  dissolu- 
tion, by  a secession  on  the  part  of  some  members,  is 
also  an  affair  which  may  come  before  us^ ; but  had  we 
not  also  better  keep  this  affair  out  of  sight  & while  we 
lament  they  could  not  in  that  instance  be  calm  & tem- 

’ The  Committee  of  States,  appointed  May  29*,^  1784,  “ to  sit  in  the  recess  of 
Congress,  for  transacting  the  business  of  the  United  States,”  had  adjourned 
August  19*^^  for  want  of  a quorum,  after  an  altercation  between  the  members, 
which  resulted  in  the  withdrawal  of  Messrs.  Blanchard  of  New  Hampshire, 
Dana  of  Massachusetts,  and  Dick  of  New  Jersey,  who  left  Annapolis,  and  re- 
turned to  their  respective  States. 


1784]  JAMES  MONROE. 


perate,  prevail  on  them  if  possible  to  be  so  in  future? 
But  the  more  interesting  object  is  the  variance  be- 
tween us  & G.  Britain.  Indeed  the  former  derive  their 
consequence  principally  from  the  weight  they  may 
have  in  forming  her  conduct  with  respect  to  us.  If 
they  are  hostilely  dispos’d  these  circumstances  will 
tend  to  give  them  confidence.  My  letter  to  Govf  Har- 
rison gave  you  what  had  taken  place  in  Canada.  I am 
strongly  impress’d  with  the  hostile  disposition  of  the 
Court  towards  us,  not  only  what  I saw,  but  the  infor- 
mation of  all  the  American  gentlemen  lately  from  G. 
B.  confirm  it,  & particularly  one  of  Maryland  one  of 
Pennsylv’a  & Mr.  Laurens  who  is  now  with  us.  The 
former  two  have  lately  return’d  to  the  continent.  We 
are  certainly  in  no  condition  for  war  &,  while  we  pre- 
serve the  honor  & dignity  of  the  U.  States  must  ear- 
nestly endeavor  to  prevent  it.  If  they  will  comply 
with  the  conditions  of  the  late  Treaty,  as  we  must  on 
our  part  do,  whatever  it  injoins,  our  situation  is  as 
happy  as  we  co'^  expect  it.  The  sooner  we  are  ascer- 
tain’d upon  this  point  the  better  it  will  be  for  us,  we 
must  suppose  they  will  comply  with  the  Treaty  & sur, 
render  the  western  Posts  & it  is  therefore  our  business 
to  make  provision  for  taking  possession  of  them  in  the 
Spring.  The  Minister  whom  we  may  order  to  that 
Court  to  obtain  an  answer  upon  this  head  & cultivate 
its  good  wishes  toward  us,  will  we  trust  inform  us  by 
Spring  that  the  West’'"  Posts  will  be  given  up  & the 
troops  whom  we  may  raise  for  that  purpose  will  of 
course  be  applied  to  the  garrisoning  of  them.  Many 
of  the  West’n  posts  I have  seen  & think  1200  the 

VOL  1—4 


50 

THE  WRITINGS  OF 

[1784 

smallest  number  we  sho'^  think  of.  But  yet  we  have 
no  Congress  nor  is  the  prospect  better  than  when  I 
wrote  you  last.  All  my  associates  are  here  except 
Grayson.  I beg  of  you  to  write  me  weekly  & give 
me  your  opinion  upon  these  & every  other  subject 
which  you  think  worthy  of  attention.  A motion  will 
certainly  be  made  as  soon  as  we  have  a Congress  for 
its  removal  hence.  To  w^  shall  we  give  the  prefer- 
ence, N.  York  or  Philad’^?  We  know  not  whom  we 
shall  have  for  Presid’^  of  Congress ; the  delegates  of 
S.  Carolina  think  of  Ml:  Laurens  but  if  I may  venture 
a conjecture  from  what  I have  observ’d,  with  respect 
to  Mf  Laurens’  intentions  I sho^  suppose  his  object 
was  to  attain  the  Appointm’^  to  the  Court  of  G. 
Britain.  The  rule  heretofore  adopted  in  the  election 
of  President  will  I think  be  deviated  from.  If  this 
sho’d  be  the  case  it  is  not  improbable  Rich’"^  H.  Lee 
may  be  elected.  I have  heretofore  address’d  my  let- 
ters to  Mr.  Jones  to  Richmond  but  fear  from  the 
accounts  I have  of  his  health  he  hath  not  left  home. 
Is  this  the  case  ? I am,  etc. 

Ja?  Monroe. 


TO  JAMES  MADISON. 

Trenton,  Dec.  6,  1784. 

Dear  Sir, — I inclose  you  a paper  w’^  will  give  you 
a state  of  the  representation  of  the  States,  beside  w’^ 
little  else  hath  taken  place  worthy  y’^  attention.  M5 
Jay  is  here  & will,  I understand,  accept  the  office  of 
foreign  Aff”?  upon  condition  Congress  will  establish 
themselves  at  any  one  place.  The  conduct  of  Sp“  re- 


1 7 84]  JAMES  MONROE.  5 1 


specting  the  Mississippi  &c.  requires  the  immediate 
attention  of  Congress.  The  aff’-  is  before  a Com- 
mittee. I think  we  shall  leave  this  place  & either 
remove  to  Phih  or  N.  York  but  to  is  incertain. 

I am,  etc. 

Ja?  Monroe. 


TO  JAMES  MADISON. 

Trenton,  Dec.  14,  1784. 

Dear  Sir, — I have  rec^  y**  favor  of  the  27.  of  Nov. 
in  answer  to  mine  of  I5^^  My  last  gave  you  the 
state  of  the  representations  here.  The  business  of 
importance  is  still  before  committees  or  if  reported 
not  yet  acted  on.  It  seems  to  be  the  gen^  sense  of 
Congress  to  appoint  a Minister  to  the  C^  of  London 
& to  give  him  instructions  upon  many  subjects  & par- 
ticularly those  w^  arise  in  the  conduct  of  both  parties 
under  the  treaty,  but  whom  they  may  appoint  is  in- 
certain, indeed  I fear  that  the  difficulty  of  obtaining  a 
vote  for  any  person  will  obstruct  this  measure  for  a 
length  of  time.  Franklin  hath  thro’  M^  Laurens  & 
the  Marquis  of  Fayette  solicited  permission  to  return 
home ; this  will  no  doubt  be  assented  to  as  soon  as 
taken  up.  An  appointment  must  therefore  be  made 
in  his  place  to  that  c^  I think  there  will  be  little  diffi- 
culty in  obtaining  it  for  Mr.  Jefferson,  for  the  opinion 
of  all  the  members  seems  to  concur  in  the  propriety 
of  it.  The  first  question  will  be  whether  or  not  to  add 
other  Ministers  to  those  in  office  & annex  them  to  the 
Of  of  London  & Madrid,  or  depend  on  those  for  the 
manag’ment  of  all  our  business  in  Europe. 


52  THE  WRITINGS  OF  [1784 


Connecticut  hath  I hear  authoriz’d  Congress  to 
carry  into  effect  the  impost  with  the  assent  of  12. 
States  only.^  She  hath  also  laid  a duty  of  5 cent™ 
upon  all  goods  imported  from  a neighboring  State. 
This  affects  R.  Island  very  sensibly.  The  question 
must  soon  be  decided  whether  this  State  will  accede  to 
this  measure  or  the  other  States  recede  from  it  for  it 
is  s*^  N.  York  & Georgia  will  join  in  it.  Have  you  been 
able  to  carry  the  point  in  favor  of  the  delivery  of  such 
citizens  as  may  be  guilty  of  the  offences  you  describe, 
to  the  power,  in  whose  territory  & ag’nst  whose  sub- 
jects they  are  committed.^  This  is  certainly  in  strict 
conformity  to  the  laws  of  nations  but  I believe  not  the 
common  practice,  except  between  those  with  whom 
particular  treaties  stipulate  it.  With  us  it  will  be 
beneficial  as  it  must  serve  not  only  politic  but  in  the 
instance  of  the  Indian  (if  the  latter  are  comprehended 
in  it)  very  humane  purposes.  I wish  the  same  regu- 

* Mr.  Madison  was  at  this  time  attending  the  Virginia  legislature  at  Rich- 
mond. Replying  to  this  letter,  December  24th,  he  says  : 

“ A proposition  was  made  a few  days  ago  for  this  State  to  empower  Cong? 
to  carry  into  effect  the  imposts  as  soon  as  12  States  should  make  themselves 
parties  to  it.  It  was  rejected.” 

^ Madison,  in  the  same  letter,  writes : 

“ The  Act  empowering  Cong?  to  surrender  citizens  of  this  State  to  the  Sov- 
ereign demanding  them  for  certain  crimes  committed  within  his  jurisdiction 
has  passed.  Congress  are  to  judge  whether  the  crimes  be  such  as  according  to 
the  Law  of  Nations  warrant  such  demand,  as  well  as  whether  the  fact  be  duly 
proven.  Concurrent  provision  is  made  for  punishing  such  offences  by  our  own 
laws  in  case  no  such  demand  be  made  to  or  be  not  admitted  by  Cong?  and  legal 
proof  can  be  had.  The  latter  law  extends  to  offences  ag?‘  the  Indians.  As 
these  tribes  do  not  observe  the  law  of  nations,  it  was  supposed  neither  necessary 
nor  proper  to  give  up  citizens  to  them.  The  Act  is  not  suspended  on  the  con- 
currence of  any  other  State,  being  judged  favorable  to  the  interest  of  this  tho’ 
no  other  should  follow  the  example,  and  a fit  branch  of  the  federal  preroga- 
tive.” 


1784]  JAMES  MONROE.  53 


lation  take  place  throughout  the  Union  but  espe- 
cially on  the  frontier  next  the  Brit^ — but  how  are  you 
to  ascertain  the  fact  or  what  evidence  wo'^  you  require 
of  it  ? Or  do  you  mean  it  shall  operate  without  the 
concurrence  of  the  other  States?  I expect  Mr.  Jones 
hath  left  Richmond  before  this  but  if  he  hath  not,  be 
so  kind  as  make  my  best  respects  to  him  as  also  to 
M-  Stewart  & believe  me,  etc. 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Trenton,  Deer  14,  1784. 

Dear  Sir, — Upon  my  arrival  here  I wrote  you  & 
committed  my  letter  to  the  care  of  the  secretary  of 
Congress  who  said  he  wo* *?  transmit  it  thro’  Mr  Morris. 
I hope  you  have  rec?  it.  It  gives  you  a concise 
accr  of  my  late  route  to  the  lakes  &ce.,  as  well  as 
some  observations  w^  I thought  worthy  your  atten- 
tion in  the  formation  of  a commerc'  treaty  with  Great 
Britain,  respecting  Canada.  It  was  late  in  Novf  be- 
fore we  formed  a Congress  ^ but  at  present  we  have  9 
States  on  the  floor  with  a member  from  all  the  States 
except  MaryB  & in  a few  days  we  expect  her  delega- 
tion on.  From  N.  H.  we  have  Mr  Foster  ag'T  B.*^ 
hath  given  place  to  some  other  gent"  whose  name  I 
do  not  recollect.  From  Massach^®  we  have  Mr. 

* “ Eight  States  being  assembled,  the  United  States  in  Congress  assembled, 
proceeded  to  the  election  of  a president,  and  the  ballots  being  taken,  the  Hon- 
orable Richard  Henry  Lee  was  elected.” — Journal  of  Congress^  Tuesday,  No- 
vember 30,  1784. 

* Blanchard.  He  was  succeeded  by  Pierce  Long,  who  did  not  present  his 
credentials  until  January  ii,  1785. 


54 

THE  WRITINGS  OF 

[1784 

Gerry,  Holten,  Partridge,  King,  & Gorham  is  ap- 
pointed but  hath  not  taken  his  seat.  Chancelor  Liv- 
ingston, Jay,  Benson  their  Attorney  Gen!  & a 
Lansing  from  N.  York  ; from  R.  1.  H.  & E.^  ag^  A 
My  Johnson  hath  taken  y®  place  of  Sherman  & Coif 
Cook  of  Wadsworth  in  Connecticut.  Jersey  hath  the 
same  members  with  Mr.  Houston  formerly  in  Con- 
gress. Pens^  hath  chang’d  her  members  & with 
others  appointed  Mr  Reid,^  their  late  President.  S. 
Chase,  Smallwood,  Stevens  & McHenry  are  I hear 
from  MaryP  This  is  a respectable  Congress  & I am 
happy  to  inform  you  they  have  hitherto  acted  with 
perfect  good  temper  & propriety  not  only  in  the  man- 
ner of  conducting  the  business,  but  of  a mind  com- 
prehensive of  the  interests  of  the  Union  as  well  as  an 
inclination  upon  the  most  gen!  & liberal  principles  to 
promote  it.  I really  promise  great  good  to  the  Union 
from  this  Congress.  Our  aErf  with  Spain  & G.  B. 
are  before  us.  They  are  referr’d  to  committees  & I 
flatter  myself  that  the  necessary  measures  will  be 
effected  respecting  those  two  courts.  I mean  here, 
with  those  to  whom  they  are  committed  in  the  man- 
ag’mt.  With  each  will  the  subseq’t  success  depend. 
You  know  how  difficult  it  is  to  ascertain  this  latter 
point.  It  seems  to  be  an  opinion  generally  given 
into  that  a minister  shall  be  appointed  to  the  Court 
of  Britain.  That  one  shall  also  be  appointed  to  take 

’ Howell  and  Ellery. 

® Joseph  Reed.  He  was  chosen  President  of  the  Supreme  Executive  Council 
of  Pennsylvania  in  December,  1778,  and  held  that  office  for  three  years.  In 
1784  he  went  to  England  in  the  hope  of  restoring  his  health.  Though  elected, 
he  never  took  his  seat  in  this  Congress.  He  died  in  1785,  a few  months  after 
his  return  to  this  country. 


1784]  JAMES  MONROE.  55 


the  place  of  Franklin  ; whom  the  former  will  be,  is 
altogether  incertain  but  I think  it  beyond  a doubt 
you  will  be  the  latter.  It  is  also  probable  that  you 
may  be  appointed  to  negotiate  that  particular  business 
with  Spain  but  this  is  only  probable.  If  Franklin 
hath  left  France  it  may  be  proper  you  sho"^  not  leave 
the  court  in  case  of  that  appointment.  The  French 
gent”  here  are  very  desirous  of  it.  Monf  La  Fayette 
hath  been  rec^^  into  very  high  marks  of  attention  by 
Congress ; they  appointed  a joint  Committee  to  re- 
ceive him  & give  him  the  thanks  of  Congress.  Con- 
gress have  also  wrote  a letter  to  the  King  in  his 
favor.  Propositions  for  the  arrangement  of  com- 
merce, to  be  handed  to  the  States  requiring  that  they 
invest  Congress  with  the  power  of  levying  the  duties 
upon  imports  & exports  are  before  them.  I think 
recommendations  to  that  effect  will  pass.  A distinc- 
tion will  be  made  between  the  revenue  & the  regula- 
tion ; the  former  unless  ceded  by  the  State  to  go  to 
the  State.  As  yet  we  have  heard  nothing  from  you 
except  in  a letter  from  on  b’.^^  ship  to  Mr.  Hardy  on 
the  committee  of  the  States.  It  will  give  us  pleasure 
to  hear  from  you  as  well  for  the  information  you  will 
give  us  of  our  aff^.^  abroad  and  when  we  sho"^  so  hear, 
as  to  be  assur’d  of  your  health  & welfare.  The  Mar- 
quis of  Fayette  will  know  every  thing  w^  I have  not 
mention’d  of  the  aff"^  of  the  Union  in  every  part  w^ 
will  supersede  the  necessity  of  my  detaining  you 
longer  for  the  present.  Short  hath  I hope  join’d  you. 
I very  sincerely  hope  you  are  all  well  & am  with 
my  affectionate  wishes  that  you  may  remain  so 

Y"  friend  & servant,  Ja?  Monroe. 


56 

THE  WRITINGS  OF 

[1784 

TO  JAMES  MADISON. 

Trenton,  Dec^  i8‘>,  1784. 

Dear  Sir, — Yours  of  the  4th  inst.  I have  rec^. 
Congress  are  now  closely  engag’d  in  very  important 
business.  Reports  upon  our  affairs  with  G.  B.,  Spain 
& our  foreign  affrf  in  general  have  been  presented  & 
alternately  acted  on.  To  adjust  the  points  of  variance 
between  us  & the  former  Court  it  seems  to  be  the 
general  opinion  that  a Minister  sho"^  be  sent  there ; 
that  it  would  tend  to  conciliate  the  disposition  of  eitiier 
to  the  other,  effect  the  settlement  'of  those  points  & 
avert  the  evils  w^  if  things  remain  long  in  their  pres- 
ent state,  threaten  both  parties.  That  it  is  more 
honorable  to  both  that  they  sho^^  be  adjusted  in  one 
of  our  capitals  & that  we  owe  that  respect  to  the  elder 
party.  We  have  had  no  official  communications  but 
those  with  w^  you  are  already  possess’d  on  the  sub- 
ject. Doc.  Franklin  hath  thro’  Mr.  Laurens  & Fay- 
ette desir’d  permission  to  return  home  which  will  of 
course  be  granted.  The  claim  of  Spain  to  the  exclu- 
sive navigation  of  the  Mississippi  8i?  had  been  pre- 
sented to  our  view  before  the  instructions  from  Vir- 
ginia arriv’d,  in  a note  from  Marbois  covering  a letter 
from  Rendon  with  the  extract  of  a letter  from  don 
Galvez.  Mf  Marbois  assures  us  of  the  pleasure  with 
w^  the  K.  of  France  will  see  measures  taken  to  con- 
solidate & maintain  a good  understanding  between 
U.  S.  & Spain  altho’  the  letter  & the  extract  were 
from  people  unknown  to  us  still  the  manner  in  w^  they 
came,  intitled  them  to  our  attention.  I mean  the  con- 
tents. At  the  same  time  therefore  that  it  was  tho^ 


JAMES  MONROE. 


1784] 


57 


necessary  to  make  a polite  return  to  the  note  it  seem’d 
to  be  generally  agreed  that  measures  sho^^  be  taken 
with  the  c?  of  Spain  for  the  amicable  settlement  of 
those  points  ; and  that  a Minister  sho’d  also  be  sent 
there.  The  question  then  arose  how  shall  these 
several  negotiations  be  carried  on  & by  whom.  The 
gent”  now  in  office,  or  shall  others  be  appointed  ? 
N.  Hampshire'  R.  R.  Livingston  & all  those  who 
were  averse  to  new  appointments  (the  affif  with  Spain 
being  first  before  us)  were  for  evading  the  question 
whether  new  appointments  sho^'  or  not  take  place,  & 
appointing  Mf  Jefferson  immediately  to  the  Court  of 
Spain  in  support  of  w^  they  urg’d  the  particular  quali- 
fications of  Mf  Jefferson  for  that  business  ; the  object 
of  the  two  former  was  readily  perceiv’d.  The  two 
courts  of  G.  B.  & F.  wo?  then  be  open.  The  first 
is  I believe  contented  with  his  present  station,  the 
salary  of  w?  will  I think  be  rais’d  & some  other 
matters  so  settled  as  to  accommodate  him,  but  the 
latter  wo?  willingly  serve  the  U.  S.  at  either  of  those 
c’^  It  was  therefore  in  opposition  to  this  urg’d  that 
for  the  more  permanent  interests  of  the  U.  States  if 
we  were  to  be  represented  only  at  two  Courts  it  had 
better  be  at  those  of  F.  & G.  B.  than  any  others  ; that 
the  Minister  station’d  at  each  might  make  occasional 
trips  elsewhere  & return,  that  in  the  magnitude  of  the 
question  & the  urgency  of  it  that  of  G.  Britain  was  the 
first  object  before  us.  That  the  regular  way  was  to 
take  up  the  whole  together;  first  give  Franklin  per- 

' Part  of  this  letter  is  in  cypher.  The  cypher  translated  “ N.  Hampshire” 
here  is  “40.”  In  a note  at  the  bottom  of  the  page  Mr.  Madison  says  “ 40 
probably  sh'^  be  43 — towit  M"^  Laurens.” 


58 

THE  WRITINGS  OF 

[1784 

mission  to  return  & in  respect  to  that  Court  supply  his 
place.  That  then  the  question  wo’d  come  regularly 
before  us,  shall  Jefferson  & Adams  transact  our  other 
business  with  the  other  Courts  or  shall  we  appoint 
others ; that  those  who  were  averse  to  other  appoint- 
ments wo^^  derive  advantage  from  bringing  it  on  in 
this  manner,  for  then  each  point  wo?  stand  fairly  on  its 
own  ground  & be  determin’d  by  its  expedience.  After 
very  long  debate  it  was  carried  that  a minister  shall 
be  appointed  & sent  to  the  Court  of  Spain  instructed 
The  decision  of  the  house  in  the  point  upon 
which  it  turn’d  was,  that  he  sho?  be  appointed  from 
the  Continent,  but  those  in  office  are  not  precluded 
from  the  vote.  They  are  however  not  in  nomination. 
R.  R.  Livingston,  Gov!"  Johnson  of  Mary?  R.  H.  Lee 
& some  others  are.  R.  H.  Lee  earnestly  advocated 
the  appointment  of  Jefferson  to  the  Court  of  Spain 
only  in  my  opinion  to  open  those  of  G.  Britain  & 
France  to  himself  & friends  among  whom  are  R.  R. 
Livingston  & Arthur  Lee.  He  reprehends  highly  the 
opposition  the  other  Delegates  made  to  it ; talks  of 
the  superior  urgency  of  the  affairs  of  Spain  to  us 
Fayette  & Marbois  assur’d  me  that  Jefferson  had  been 
well  rec’d  in  the  Court  of  France  & that  it  was  their 
wish  he  sho"^  succeed  Franklin.  R.  H.  Lee  hath  hith- 
erto given  all  the  opposition  in  his  power  to  this  ap- 
pointment & will  continue  to  do  it  until  opposition  will 
be  vain  w’h  I think  will  be  the  case.  Arthur  Lee  is 
in  nomination  for  the  treasury  b?  by  Mr.  Gerry,  Mf 
Mercer  & by  a delegate  from  Georgia.  In  a late  bal- 
lot Osgood  had  6.  votes  Mercer  5 votes  & Arthur  Lee 


JAMES  MONROE. 


1784] 


59 


two,  Virginia  votes  for  Mercer  & seem'd  inclin’d  to 
suffer  A.  Lee  to  retire  from  the  publick  service  in  the 
opinion  it  will  be  advantageous  to  the  publick/  It  is 
propos’d  to  recommend  it  to  the  States  to  invest  Con- 
gress with  the  power  to  regulate  the  commercial  inter- 
course of  the  States  with  other  Powers,  without  w^  it 
it  is  thought  impracticable  to  comply  with  our  ingag- 
ments  in  treaty  or  derive  any  advantage  from  them  as 
a nation.  To  regulate  the  duties  upon  imports  & ex- 
ports, by  w^  if  wise  regulations  are  adopted,  we  may 
take  some  share  in  the  carrying  trade  by  giving  privi- 
ledges  to  our  own  citizens  in  the  exportation  w!"  may 
encourage  the  merchants  of  the  U.  S.  to  employ 
natives  as  navigators  as  well  as  the  merch*^  of  other 
countries  to  take  in  partnership  those  of  the  States. 
To  enable  us  further  to  act  in  concert  in  the  measures 
w^  may  be  found  necessary  to  counteract  the  policy 
of  the  powers  with  whom  we  have  not  treaties  of  com- 
merce propositions  to  this  effect  are  before  a commit- 
tee. The  regulations  & revenue  are  separated  from 
each  other,  the  latter  will  go  to  the  States  unless  con- 
ceded to  the  U.  S.  for  particular  purposes  by  each 
particular  State.  As  a citizen  & a lawyer  I am  pleas’d 
with  the  regulation  taking  place  in  the  judicial  de- 
partment. I am  y’rs,  very  sincerely 

Ja?  Monroe. 

P.S.  I heartily  wish  we  had  a better  cypher,  as  it  is 
dangerous  to  trust  those  subjects  upon  w^  I wish 

^ John  Lewis  Gervais,  Samuel  Osgood  and  Walter  Livingston  were  elected. 
Mercer’s  nomination  was  withdrawn  (see  p.  61).  Later,  July  27,  1785,  Arthur 
Lee  was  elected,  having  been  previously  nominated  by  William  S.  Johnson  of 
Connecticut. 


60 

THE  WRITINGS  OF 

[1785 

most  confidentially  to  correspond  with  you  thus  to 
chance  & the  curiosity  of  vicious  or  idle  people.  In 
this  place  I cannot  procure  a scribe,  can  you  in 
Richmond  ? 


TO  JAMES  MADISON. 

N.  York,  Feby.  i,  1785. 

Dear  Sir, — I have  lately  heard  nothing  from  you 
nor  indeed  from  Richmond.  I sho^^  suspect  it  arose 
from  the  adjournment  of  the  Assembly,  if  I did  not 
presume,  had  that  event  taken  place,  I sh’d  been  in- 
structed to  whose  care  I might  address  my  letters  for 
you  in  Fredericksburg  or  Richmond.  My  letters  to 
Mr.  Jones  have  advis’d  you  of  the  principles  upon 
w’h  our  delegation  act’d  in  the  questions  respecting 
the  places  of  temporary  & permanent  residence  for 
Congress  ; more  explicitly  perhaps  than  our  communi- 
cations to  the  Executive  have  done,  altho’  indeed  we 
have  been  sufficiently  explicit  to  the  Executive.  The 
com’rs  for  the  federal  town  are  not  yet  elected,  arising 
from  the  urgency  of  more  important  business.  I am 
sorry  I have  it  not  in  my  power  to  inform  you  we  had 
already  taken  measures  with  the  Courts  of  Spain  & 
Great  Britain  upon  the  subjects  w^  have  arose  be- 
tween us.  The  reports  respecting  each,  have  been 
frequently  acted  on,  without  making  any  decisive 
arrangment.  That  upon  a letter  of  Laurens  desiring 
permission  for  Franklin  to  retire  hath  also  been  before 
us.  It  contain’d  a provision  that  a successor  be  ap- 
pointed in  his  room.  A division  was  call’d  for,  upon 
w^  an  amendment  to  the  same  effect  was  mov’d  & six 


1785]  JAMES  MONROE.  61 


States  agnst  three  were  for  it.  Thus  it  is  upon  all 
questions  of  a similar  nature.  Some  gent"  wish  to 
commit  all  our  affrf  to  be  transacted  at  these  several 
courts  to  the  two  gentP  now  in  office,  while  we  hold 
that  at  each  Court  a minister  is  necessary.  That  at 
the  Court  of  France  we  sho?  always  be  represented,  & 
at  that  of  the  Netherlands  untill  we  had  p^^  the  publick 
debt  or  establish’d  funds  for  it.  That  the  nature  of 
the  business  & the  manner  in  w^  it  sho?  be  conducted 
considering  our  situation,  requires  a particular  minister 
at  the  Courts  of  Great  Britain  and  Spain  at  their 
leasure  & who  might  assume  a tone  suited  to  circum- 
stances. That  two  ministers  are  incompetent  to  this 
business  if  they  are  to  do  it,  at  the  respective  Courts  & 
that  to  attempt  it  elsewhere  will  certainly  fail  of  suc- 
cess, since  we  have  information  to  be  depended  on 
that  the  Courts  of  Great  Britain  and  Spain  dislike  to 
treat  with  us  elsewhere.  Upon  all  these  points  we 
have  six  States  & hope  upon  the  arrival  of  MaryF  or 
Delaware,  both  of  w^  are  expected  daily,  to  have  the 
7^^  The  com^f  of  the  treasury  are  elected,  Gervais, 
Osgood  & Walter  Livingston  are  the  men.  Some 
imports  communications  being  rec^^  lately  from  our 
Ministers  abroad,  it  was  mov’d  that  they  be  referr’d 
to  a committee  to  determine  what  part  sho?  be  com- 
municated to  the  States.  A committee  was  appointed 
& a report  made.  A few  days  afterwards  we  rec?  a 
letter  from  Mf  Jay  containing  the  following  paragraph 
“ I have  some  reason  to  apprehend  that  I have  come 
into  the  office  of  foreign  affr!,  with  ideas  of  its  duties 
& rights  somewhat  diffen^  from  those  w^  seem  to  be 


62 

THE  WRITINGS  OF 

[•785 

entertain’d  by  Congress  ; if  that  sho^^  prove  to  be  the 
case  I shall  certainly  think  it  my  duty,  either  to  execute 
it  on  the  plan  most  agreeable  to  them  or  retire  from 
it  with  as  much  acquiescence  & respect  as  I accepted 
it  with  confidence  in  their  delicacy  & gratitude  for  the 
honor  they  did  me.”  This  was  also  referr’d  to  a com- 
mittee to  whom  Jay  gave  (to  be  ingrafted  in  the 
report)  in  writing  the  following  proposition.  ‘‘  And 
that  all  foreign  letters  & papers  w^  may  be  laid  before 
Congress  sh?  in  the  first  instance  be  referrd  to  him.” 
Whether  it  will  be  the  sense  of  the  committee  to  make 
it  a matter  of  right  in  the  minister  of  foreign  affrf  to 
advise  Congress  in  the  first  instance  upon  the  various 
subjects  of  his  department  & preclude  themselves 
from  a previous  consideration,  or  will  consider  the 
office  in  a different  point  of  view,  consulting  when 
necessary  & referring  or  declining  to  refer  to  him,  at 
pleasure,  any  of  the  subjects  before  them,  is  yet  to  be 
determin’d.^  I am,  etc. 

Ja?  Monroe. 

P.S.  Mercer  was  in  the  nomination  for  the 
treasury  but  we  withdrew  him. 


^ “ On  the  report  of  a committee  consisting  of  M*'  Monroe,  Platt,  Read, 
Hardy  and  Spaight,  to  whom  were  referred  sundry  letters  from  the  Sec- 
retary for  foreign  affairs. 

“ Resolved,  That  in  pursuance  of  the  resolutions  of  the  12^  Feby,  1782,  all 
communications  as  well  to  as  from  the  United  States  in  Congress  assembled,  on 
the  subject  of  foreign  affairs  be  made  through  the  secretary  for  the  department 
of  foreign  affairs,  and  that  all  letters,  memorials  or  other  papers  on  the  subject 
of  foreign  affairs  for  the  United  States  in  Congress  assembled,  be  addressed  to 
him.” — Journal  of  Congress^  Feby,  ii,  1785. 


1785]  JAMES  MONROE.  63 


TO  JAMES  MADISON. 

N.  York,  March  6,  1785. 

Dear  Sir, — The  arrangement  in  our  foreign  affairs 
begins  at  length  to  assume  some  form.  Upon  what- 
ever ground  they  were  taken  up  for  a considerable 
time,  either  with  respect  to  France,  Sp"  or  G.  B.  the 
same  difficulties  arose.  If  it  was  mov’d  that  Frank- 
lin be  permitted  agreeable  to  his  request  to  return 
home  it  was  firmly  oppos’d ; if  that  a minister  be 
appointed  to  Great  Britain  it  was  mov’d  that  those 
interested  to  form  commercl  treaties  be  instructed 
& It  was  argued  on  the  other  hand  that  our  affairs 
with  these  courts  stood  on  their  own  ground  respect- 
ively and  that  negotiations  with  each  separately  & at 
their  respective  capitals  wo^l  be  more  eligible  & likely 
to  produce  success.  It  was  at  length  mov’d  by  Liv- 
ingston that  a minister  be  appointed  to  represent  the 
United  States  at  the  court  of  Great  Britain  and  car- 
ried. Adams,  R.  R.  Livingston  & Rutledge  were  put 
in  nomination.  It  had  been  previously,  with  the  ill- 
founded  expectation  of  facilitating  this  measure, 
mov’d,  by  Mf  Pinckney  “ that  the  comns  to  foreign 
ministers  unless  renew’d  by  Congress  sho*?  continue  in 
force  only  for  three  years.”  This  was  negativ’d,  but 
being  ag"  renew’d  by  the  mover  & press’d  upon  Con- 
gress from  other  quarters  was  at  length  carried.^ 

^ “ Resolved,  That  no  future  commission  of  a minister,  either  generally  or 
specially,  to  any  foreign  court,  charge  des  affaires  or  secretary  to  any  foreign  le- 
gation, shall  continue  in  force  for  more  than  three  years  ; the  time  from  which 
it  is  to  commence  to  be  fixed  in  the  commission  ; at  the  expiration  of  which 
period,  unless  re-appointed,  such  minister  or  secretary  shall  cease  to  exercise 
such  office  ; provided  always  that  such  minister  or  secretary  shall  be  considered 
as  at  all  times  subject  to  the  recall  of  Congress  within  the  term  limited.” — 
Journal  of  Congress,  February  18,  1785. 


64 

THE  WRITINGS  OF 

[1785 

upon  several  ballots  Adams  had  5.  votes,  Livingston 
4.  & Rutledge  2.,  Jersey  at  length  voted  for  Adams, 
having  previously  nominated  & voted  for  Livingston, 
upon  Virg^  & MaryH  join’d  in  favf  of  Adams  & 
gave  him  his  appointm^  Mr  Smith  ^ lately  an  aid  to 
the  general  hath  been  since  appointed  secrY  to  the 
legation.  A Mr  Trum.bulL  of  Connecticut  was  his 
only  competitor.  Had  this  affr  come  on  upon  the 
first  meeting  of  Congress  at  Trenton  the  event  must 
have  been  the  same.  5.  states,  the  4.  Eastern  & 
Pen^  were  decidedly  in  favr  of  Adams  in  preference 
to  any  other  person,  Jersey  was  at  first  dispos’d  to 
commit  our  for:  business  to  Adams  & Jefferson  only, 
and  wo'?  therefore  have  voted  Adams  to  the  above 
court.  He  wo'?  of  course  have  the  majority  in  Con- 
gress & the  expedience  of  the  measure  wo'?  have  su- 
perseded any  difficulties  with  respect  to  the  man.  I 
suppose  Jefferson  will  shortly  be  appointed  in  the 
room  of  Franklin  to  the  court  of  France.  Carmichael 
writes  that  some  person  in  the  character  of  charge  des 
aff”  will  shortly  be  sent  from  Sp"  instructed  & on  the 
subject.  So  that  the  aff* *".®  with  Sp'?  will  sleep  till  we 
hear  further.  I have  rec'?  letters  from  Mf  Jefferson 
of  the  Io‘^  of  Novf  & ii.  of  Decf  last.  In  the  former 
he  considers  war  betw'}  the  Emperor  & the  Nether- 
lands with  their  respective  associates  the  Empress 
with  the  Emp:  & France,  Prussia  & the  Porte  with 
the  Nether:  as  unavoidable.  He  considers  the  inter- 
mediate negotiation  as  an  act  only  of  the  Imperial 

* Colonel  William  Stephens  Smith,  son-in-law  of  John  Adams,  nominated  by 
McHenry  of  Maryland. 

* John  Trumbull. 


1785]  /AMES  MONROE.  65 


Courts  to  enable  them  to  commence  the  campaign  on 
better  conditions  ; in  the  last  he  says  the  gen!  opinion 
is  there  will  be  no  war  but  that  he  sees  no  reason  for 
it,  except  the  indisposition  of  the  Empress  upon 
whose  health  the  projects  of  the  Emperor  must  de- 
pend. He  believes  that  if  it  takes  place  EngE  will 
keep  herself  out  of  the  scrape  for  the  following  rea- 
sons, I.  because  she  can  not  borrow  money  to  take 
part  in  it.  2.  Ireland  is  likely  to  give  her  disturb- 
ance & 3.  because  her  disputes  with  us  are  not  settled 
by  a full  execution  of  the  articles  of  the  treaty  and 
the  hatred  of  her  people  towards  us  has  arisen  to  such 
a height  as  to  prepare  their  minds  for  a recommenc’- 
ment  of  hostilities  sho*?  their  gov!  find  this  desirable. 
‘‘  If  the  war  takes  place  & the  States  have  the  direc- 
tion of  their  commerce  upon  federal  principles  I 
sho"!  suppose,  provided  we  settle  our  aff'’.^  with  Gr. 
Britain,  it  will  be  advantageous  to  us.  Every  diver- 
tion  w^  it  creates  to  the  vessels  of  other  powers  from 
the  business  of  commerce  must  form  an  additional 
demand  for  ours  and  admit  us  gradually  into  the  car- 
rying trade.”  By  his  last  letter  I find  that  a corre- 
spondence had  taken  place  between  our  ministers  & 
the  Duke  of  Dorset,  the  B.  minister  at  Paris,  upon  the 
subject  of  a commercial  treaty.  His  Grace  makes  a 
previous  stipulation  on  the  part  of  his  court  that  a 
minister  instructed  by  Congress  repair  to  Lon- 
don.” They  say  they  are  jointly  authoriz’d  to  treat,, 
that  they  have  no  objection  that  it  shall  be  in  Lon- 
don, from  w^  I suspect  they  may  be  there  at  this 
time.  The  comh  to  Adams  will  perhaps  find  him 

VOL  I— 5 


66 

THE  WRITINGS  OF 

[1785 

there,  but  this  will  not  give  him  powers  singly  to 
form  a commerd  treaty. 

The  States  of  Mass  : & N.  York  having  graciously 
agreed  upon  the  members  to  constitute  the  court  ^ en- 
ter’d also  into  a stipulation  that  the  place  of  session 
sho*?  be  determin’d  by  a majority  of  the  States  present 
in  Congress.  When  brought  before  Congress,  the 
delegation  of  Mass:  propos’d  W"}®burg  & that  of  N. 

Wilmington.  The  former  had  5.  votes  & the  lat- 
ter 4.  Of  course  the  decision  agreeably  to  the  cove- 
nant enter’d  into  by  the  two  States  was  in  favor  of  the 
former.  N.  York  was  dissatisfied  with  the  decision. 
Mass:  mov’d  that  the  Preside  forward  the  letters  to  the 
gent"  appointed,  upon  w^  the  displeasure  of  N.  York 
was  discover’d.  Mf  Williamson  mov’d  “ that  the  de- 
cision of  Congress  by  5.  States  under  the  agreem^  of 
N.  Y.  & Mass:  under  the  confederation  vj^  requires  7. 
in  all  cases  excepted  was  void.”  Whether  the  States 
of  Mass:  & N.  Y.  had  independently  of  Congress  the 
right  of  fixing  the  place  & might  chuse  any  inter- 
mediate place,  w’?  sho'?  be  obligatory  on  themselves  & 
the  Union,  or  whether  Congress  had  the  power  of 
controul  became  the  question.  Whenever  it  came  be- 
fore them  a decision  of  the  main  question  was  always 
evaded  by  those  of  order,  so  that  it  was  never  taken. 

^ To  determine  the  territorial  controversy  between  Massachusetts  and  New 
York.  The  agents  of  the  two  States  had  agreed  on  the  following  Commis- 
sioners to  compose  it : Robert  Hanson  Harrison  and  Thomas  Johnson  of 
Maryland  ; John  Rutledge  of  South  Carolina;  George  Wythe,  William  Gray- 
son, and  James  Monroe  of  Virginia  ; George  Read  of  Delaware  ; Isaac  Smith 
and  William  Patterson  of  New  Jersey.  Vacancies  in  the  court  were  to  be 
filled  by  Congress,  which  was  to  appoint  the  place  where  the  court  should  sit. 
Five  Commissioners  to  form  a quorum. 


1785]  JAMES  MONROE.  67 


The  two  States  at  length  agreed  that  whatever  had 
been  committed  to  the  journals  shol  be  eras’d  w^  was 
admitted.  In  this  condition  it  remains.  It  is  ex- 
pected they  will  agree  to  some  more  northern  position. 
I am.  etc.  • Ja?  Monroe. 

P.  S.  Since  the  appointment  of  Adams  it  was  gen- 
erally agreed  that  some  person  sho'?  be  sent  to  the 
Hague,  but  no  one  is  yet  thought  of. 


TO  THOMAS  JEFFERSON. 

New  York,  April  12**',  1785. 

Dear  Sir, — Since  my  last  I have  rec^  yours  of  the 
of  Nov^  & Io‘^  of  Dec^  The  former  by  Col.  Le 
Maire,  from  whom  however  I did  not  receive  it  altho’ 
I saw  him,  nor  untill  after  his  arrival  nearly  a month 
& then  I believe  by  post  from  Phih  I have  had  the 
same  difficulty  with  the  cypher  but  from  a different 
cause.  The  copy  of  that  I sent  by  Mf  Short  I left  in 
Virg^  when  I sate  out  for  the  westw*?  & have  not  since 
been  able  to  command  it,  but  shall  most  probably  by 
the  next  post,  so  that  whether  you  send  me  one  or  not 
our  embarrassment  will  in  future  be  at  an  end.  That 
you  may  read  my  first  letter  I send  you  the  cypher  by 
which  it  was  wrote.  Fully  impress’d  with  the  disad- 
vantages which  must  always  arise  to  the  States  from 
a free  intercourse  with  Canada  I propos’d  an  instruc- 
tion founded  on  the  principles  which  my  letter  con- 
tains, to  the  ministers  authoriz’d  to  form  the  treaty 
with  G.  B.  The  committee  have  reported  in  favor  of 
it,  but  the  delicacy  of  our  situation  with  that  court, 


68 

THE  WRITINGS  OF 

[*785 

upon  that  of  the  posts  & other  subjects,  is  a consid- 
eration inclines  me  to  decline  for  the  present  bring- 
ing it  to  the  view  of  Congress,  The  restrictions  on 
this  intercourse  can  only  be  carried  into  effect  by  pos- 
session of  the  posts  and  the  more  disadvantageous  to 
them  their  surrender  will  be,  the  longer  they  may 
delay  it. 

I enclose  you  the  report  of  a committee  in  favor  of 
a change  of  the  first  paragraph  of  the  9^^  of  the  arti- 
cles of  confederation  for  the  purpose  of  investing 
Congress  with  almost  the  entire  regulation  of  the 
commerce  of  the  Union,  in  exclusion  of  the  particu- 
lar States.  I am  inclin’d  to  think  it  will  be  best  also 
to  postpone  this  for  the  present.  Its  adoption  must 
depend  on  the  several  Legislatures  & to  carry  it  with 
them  the  preferable  way  perhaps  may  be  to  let  it  stand 
as  it  now  is.  It  hath  been  brought  so  far  without  a 
prejudice  aghst  it.  If  carried  farther  here  prejudices 
will  take  place,  at  least  I fear  so,  & those  who  oppose 
it  here  will  in  their  \illegible\.  The  way  then  will  be 
to  present  it  to  them  in  its  present  state  w^  may  be 
effected  by  obtaining  the  permission  of  Congress  for 
such  delegation  to  take  copies  for  that  purpose.  If 
this  sho*?  be  its  course  I shall  have  time  for  your  an- 
swer & opinion  on  it.  A committee  is  appointed  to 
revise  & report  what  alterations  if  any  are  necessary 
in  the  instructions  to  the  com?  authoriz’d  to  form  com- 
merc!  treaties.  What  will  be  the  result  I know  not, 
but  the  object  of  the  appointm^  was,  to  change  the 
principle  upon  w^  those  existing  were  form’d.  To  in- 
struct them  to  make  the  best  bargain  they  can  with 


1785]  JAMES  MONROE.  69 


each  power,  such  an  one  as  the  advantages  they 
respectively  derive  from  a commerd  intercourse  with 
us,  entitle  us  to  expect.  If  the  convenience  & ad- 
vantage of  the  trade  of  either  of  these  powers  with 
us  is  equal,  the  conditions  upon  w^  it  is  conducted  for 
commerc!  &;  other  national  purposes,  sho'?  be  equal 
also.  The  object  is  to  connect  us  with  each  power  in- 
dependently of  other  powers,  & to  extricate  us  from 
the  complicated  system  with  which  their  connections 
with  each  other  is  involv’d.  A system  which  they  will 
understand,  have  been  long  accustom’d  to  the  exercise 
of,  & to  turn  to  their  particular  advantages  by  every 
possible  means  of  fraud  and  chicane.  I doubt  much 
the  advantage  of  forming  treaties  for  the  present  with 
any  of  the  powers  with  whom  you  are  authoriz’d  to 
treat  (the  piratical  States  excepted)  for  what  advan- 
tages can  we  give  here  in  consideration  of  advantages 
there,  or  rather  in  consideration  that  they  remove 
some  of  the  restraints  w^  now  exist,  which  they  do 
not  at  present  possess,  or  possessing  that  we  can  de- 
prive them  of.  The  more  I investigate  this  subject 
the  more  I am  confirm’d  in  this  opinion.  But  all  these 
embarrassments  in  the  restrictions  laid  upon  us  by 
other  powers,  will  I am  persuaded  have  a good  effect. 
They  will  operate  more  powerfully  than  the  utmost 
force  of  argument  co^  do  for  the  strength’ning  our 
gov^ 

From  Spain  we  expect  a Gardoqui  in  quality  of 
charge  des  aff^f  All  our  measures  with  that  court 
have  of  course  ceas’d  untill  his  arrival  w^  is  weekly 
expected.  Whatever  we  have  to  transact  with  the 


70 

THE  WRITINGS  OF 

[1785 

d of  G.  B.  is  committed  to  Mf  Adams,  the  formation 
of  a commerc!  treaty  only  excepted.  Upon  his  re- 
moval from  the  Hague  it  was  resolv’d  to  appoint  a 
minister  in  his  room  ; Mf  Rutledge  & Mf  R.  H.  Har- 
rison, C.  Justice  of  MaryH  are  in  nomination  as  is  like- 
wise Govl:  Livingston  of  Jersey;  it  is  not  known 
whether  either  will  serve.^  My  first  letter  will  advise 
you  of  our  embarrassment  respecting  a particular 
ajffr  upon  which  you  wrote  me  as  you  left  Phik,  an  at- 
tention to  which  falls  now  within  your  province.  It 
is  unfortunate  upon  this  acc*  Your  cypher  wo'?  not 
expose  it  to  you.  You  will  please  write  me  as  soon 
as  possible  upon  this  subject.  You  will  receive  in- 
structions respecting  the  piratical  states  of  Barbary. 
I fear  from  the  information  you  give  me  they  will  not 
obtain  fully  y?  objects  which  they  have  in  view.  From 
what  I have  been  able  to  collect  here  a treaty  com- 
menc’d on  our  own  ground  independent  of  any  Euro- 
pean power,  will  be  most  successful,  since  I am  told 
they  disregard  the  most  powerful  among  them  as 
much  as  they  do  us,  & in  that  instance  we  might 
plead  ignorance  of  the  presents  or  amount,  which 
would  be  acceptable  to  them.  It  is  agreed  to  raise 
700.  men  for  the  purposes  of  guarding  the  publick 
stores  & giving  security  to  the  frontier  settlements  of 
the  States.  At  Annapolis  Gerry  protested  agnst 
the  right  of  Congress  to  require  men  in  time  of  peace  ; 
his  conduct  was  approv’d  by  his  State  & the  delega- 
tion instructed  to  oppose  & protest  upon  all  occasions 
agnst  the  exercise  of  the  power.  It  is  agreed  that  by 


^ On  July  25,  John  Rutledge  was  appointed,  but  he  declined  to  serve,  Aug.  24. 


1785]  JAMES  MONROE.  71 


requisition  men  cannot  be  rais’d  upon  a few  states  or 
less  than  the  whole  but  under  particular  circumstances 
of  some,  & then  under  a particular  modification.  It 
was  thought  in  this  instance  necessary  to  have  them 
in  the  field,  in  a short  time,  to  protect  the  surveyors 
of  the  land  & as  this  consideration  superseded  the 
propriety  of  a requisit"  on  the  whole  it  was  agreed  to 
recommend  it  to  the  States,  most  contiguous,  to  raise 
them.  The  land  office  is  not  yet  open’d.  A report 
drawn  principally  by  Cob  Grayson  will  be  deliver’d  in 
a few  days.  It  deviates  I believe  essentially  from  the 
one  at  Annapolis,  but  in  what  points  I cannot  say  as 
I have  not  compar’d  them  together.  The  object  of 
this  is  to  have  the  lands  survey’d  previous  to  the  sale, 
& after  the  survey  to  have  the  lots  drawn  for  in  the 
right  of  the  States  & sold  in  each  by  the  loan  officer 
at  publick  vendue  for  specie  or  certificates.  I shall 
transmit  you  the  journals  of  Congress  as  far  as  they 
are  printed.  They  will  give  you  at  least  the  resolutions 
w^  determine  the  erection  of  buildings  at  the  falls  of 
the  Delaware  & our  intermediate  residence  here.’ 

* “ Be  it  ordained  by  the  United  States  in  Congress  assembled — that  the  resolu- 
tions of  the  20th  instant,  respecting  the  buildings  for  the  use  of  Congress,  be 
carried  into  effect  without  delay  ; that  for  this  purpose  three  commissioners  be 
appointed  with  full  power  to  lay  out  a district  of  not  less  than  two  nor  exceeding 
three  miles  square,  on  the  banks  of  either  side  of  the  Deleware,  not  more  than 
eight  miles  above  or  below  the  lower  falls  thereof,  for  a federal  town  ; that  they 
be  authorized  to  purchase  the  soil  or  such  part  of  it  as  they  may  judge  necessary, 
to  be  paid  at  proper  instalments  ; to  enter  into  contracts  for  erecting  and  com- 
pleting in  an  elegant  manner  a federal  house  for  the  accommodation  of  Con- 
gress, and  for  the  executive  offices  thereof  ; a house  for  the  use  of  the  president 
of  Congress,  and  suitable  buildings  for  the  residence  of  the  Secretary  of  foreign 
affairs.  Secretary  at  war.  Secretary  of  Congress,  Secretary  of  the  marine,  and 
officers  of  the  treasury  ; that  the  said  commissioners  be  empowered  to  draw  on 
the  treasury  of  the  United  States  for  a sum  not  exceeding  one  hundred  thousand 


72  THE  WRITINGS  OF  [1785 


Our  dependence  for  their  erection  at  Georgetown  had 
been  on  the  Southern  States  & as  soon  as  Congress 
conven’d  we  found  they  had  given  it  up.  All  further 
opposition  we  therefore  consider’d  as  useless.  One 
hundred  thousand  doh.^  we  appropriated  to  it.  Be- 
tween Phih  & this  place  we  were  indifferent  as  a tem- 
porary residence.  We  consider’d  our  State  as  no  other- 
wise interested  than  as  it  might  respect  the  delegates 
attending  in  Congress ; upon  federal  principles  that 
this  sho^.  have  the  preference.  It  must  have  a good 
appearance  for  the  federal  gov^  to  pay  attention  to  the 
part,  w^  hath  suffer’d  most,  from  the  depredations  of 
the  war ; add  to  this  the  province  of  Canada  is  in 
possession  at  present  of  the  fur-trade.  The  first  ex- 
ertion of  the  States  must  be  to  draw  it  thence  & after- 
wards it  may  take  its  direction  thro’  the  PotowmH 
or  whatever  channel  is  open’d  to  it — but  the  100,000 
dol"  are  upon  no  fund.  Whether  they  are  to  be  re- 
quir’d from  the  States  or  not  will  become  the  question. 
It  wo'l  be  fortunate  if  a delay  col  take  place.  The 
conduct  of  our  delegation  at  Trenton  was  founded  up- 
on an  acquiescence  with  the  voice  of  the  majority  of 
the  Union.  We  acted  together  & voted  unanimously 
upon  every  point  respecting  these  measures.  Grayson 
only  was  absent.  Be  the  event  of  this  town  as  it  may 

dollars  for  the  purpose  aforesaid  ; that  in  chusing  a situation  for  the  buildings, 
due  regard  be  had  to  the  accommodation  of  the  States  with  lots  for  houses,  for 
the  use  of  their  delegates  respectively  ; that  on  the  twenty  fourth  day  of  De- 
cember instant.  Congress  stand  adjourned  to  meet  at  the  city  of  New  York,  on 
the  eleventh  day  of  January  following,  for  the  dispatch  of  public  business,  and 
that,  the  sessions  of  Congress  be  held  at  the  place  last  mentioned,  until  the 
buildings  aforesaid  shall  be  ready  for  their  reception.” — yournal  of  Congress ^ 
Dec.  23,  1784. 


1785]  JAMES  MONROE.  73 


I think  the  proportion  will  fall  to  our  State  will  be 
well  dispos’d  of  if  it  annexes  the  Idea  of  stability  to 
our  councils  & measures.  I col  wish  no  more  move- 
ments untill  we  take  our  final  position. 

I send  you  this  by  Col?  Smith,  Seer?"  to  the  legation 
for  London.  Mf  Trumbull  only  was  his  competitor. 
He  was  formerly  an  Aid  de  Camp  to  Gen!  Washington. 
He  is  desirous  of  being  known  to  you  & as  I hear  from 
every  person  who  knows  him  a fair  & respectable 
character,  I take  the  liberty  to  present  these  circum- 
stances in  his  favor  to  your  knowledge. 

Be  assur’d  I shall  pay  particular  attention  to  that 
circumstance  which  is  more  personally  interesting  to 
yfself  mention’d  in  your  first  letter.^  What  can  or 
will  be  done  is  incertain  but  satisfied  of  the  justice  of 
the  measure,  I shall  with  the  utmost  pleasure  seek  the 
attainment  of  it  in  a manner  w^  will  be  most  delicate 
& honorable  to  you.  Indeed  I think  all  our  Minis- 
ters sho?  have  5.  or  600.  £ stir?  more  annually.  I 
thank  you  for  subscribing  for  me  for  the  Encyclopedia. 
I have  not  at  present  the  money  but  will  send  it  as 
soon  as  possible.  I sincerely  wish  it  were  in  my 
power  to  join  you  this  summer  but  it  is  impossible. 
The  next  I have  it  in  contemplation  & shall  then  be 
under  no  necessity  to  hurry  myself  so  quickly  back,  & 
I co^^  wish  to  rem?  in  Europe,  if  I ever  visit  it,  at  least 
12.  months.  Col.  Smith  hath  my  instructions  not  to 
send  this  by  post  but  some  safe  hand  provided  he  doth 
not  deliver  it  himself.  Whether  Congress  will  or  not 
adjourn  during  the  summer  is  incertain.  I think  they 


^ In  reference  to  an  allowance  for  Jefferson’s  outfit  as  Minister,  which  he 
wrote  Monroe,  had  cost  him  “ near  a thousand  guineas.” 


74 

THE  WRITINGS  OF 

[1785 

shoJ^  not,  but  the  fact  is  our  application  to  business 
hath  been  so  close  during  the  winter  that  we  wish  a 
relaxation.  I think  Congress  sho?  sit  untill  our  aff" 
with  every  for  : power  were  finally  & most  amicably 
settl’d ; and  untill  the  commerce  of  the  U nion  was  prop- 
erly regulated.  The  confederacy  might  then  stand 
secure  & not  be  exposed  to  injury  or  danger.  M5  But- 
ler, Walcot  & A.  Lee  were  on  the  Indian  treaty  at  fort 
Stanwix ; the  State  of  N.  York  also  held  a treaty  ; they 
quarreird  with  the  com'’.^  of  N.  York  & disgusted  the 
State.  This  is  attributed  to  one  of  those  gent"  only. 
Mf  Mercer  hath  been  absent  since  we  left  Trenton  & 
hath  married  Miss  Sprigg.  Mf  Read  hath  been  less 
active  than  at  Annapolis — he  is  s?  to  be  engag’d  to  K. 
Vanhorne  of  this  place,  he  left  this  for  S?  Carolina  2. 
months  since  it  is  s^  to  prepare  matters  for  this  event 
— A My  Carbonneau  from  the  Kaskaskias  petition’d 
Congress  to  take  the  people  under  their  protection  ; 
a committee  hath  reported  w^  is  so  far  adopted  that  a 
comf  be  appointed  to  repair  thither, — instructed 
Mr  A.  Lee  is  in  nomination.  The  three  com"  of  the 
treasury  elected  at  Annapolis  declin’d  serving,  in  con- 
sequence of  w^  Gervais,  Osgood  & a Walter  Living- 
ston were  elected.  Gervais  hath  declin’d  & Mf  A.  Lee 
who  hath  upon  every  occasion  been  a candidate  is  agn. 
in  nomination.  Mercer  & himself  were  in  nomina- 
tion at  Trenton  & we  gave  the  former  the  preference. 
The  fact  is  we  can  get  none  better  than  Mr  A.  L.  & 
shall  upon  this  occasion  vote  for  him. 

Your  letters  still  contain  doubts  of  the  event  of  the 
interfering  claims  between  the  Emperor  & the  Nether- 


1785]  JAMES  MONROE.  75 


lands.  Mr  V.  Berckel  hath  presented  a full  & able 
statement  of  those  of  the  U.  Neth  : 8:  of  the  progress 
of  either  party  to  the  commenc’ment  of  the  winter  in 
support  of  their  pretensions.  A war  between  them  can- 
not be  injurious  to  us  ; provided  our  merchl^  have  en- 
terprise as  we  stand  on  neutral  ground,  they  may  turn 
it  to  their  & the  gen!  advantage.  Believe  me,  etc. 

Ja?  Monroe. 

P.S.  The  alteration  w^  this  report  proposes  in 
the  whole  system  of  our  gov5  will  be  great.  It 
is  in  fact  a radical  change  of  it.  I beg  of  you  to 
write  your  sentiments  fully  on  it.  If  it  is  carried  it  can 
only  be  by  thorough  investigation  and  a conviction 
carried  to  the  minds  of  every  citizen  that  it  is  right. 
The  slower  it  moves  on  therefore  in  my  opinion  the 
better. 


TO  JAMES  MADISON. 

New  York,  May,  1785. 

Dear  Sir, — Your  favor  of  yf  12^^  of  April  accom- 
panied with  the  cypher  I receiv’d  yesterday.  The 
appointment  of  Adams  to  the  C^of  G.  B.  was  soon 
afterwards  succeeded  by  that  of  Mr  Jefferson  to  that 
of  France.  Their  com’ns  have  been  some  time  since 
forwarded  & before  this  they  are  no  doubt  station’d 
at  their  respective  courts.  The  removal  of  the 
former  gave  uneasiness  to  M’’  Van  Berckel  but  as  it 
was  immediately  resolved  to  appoint  a successor,  it 
hath  probably  abated.  Govf  Livingston,  Rutledge,  & 
R.  H.  Harrison,  C.  J.  of  MaryH  are  in  nomination. 
170.  10.  is  still  possess’d  of  the  301.  541.  430.  530.  the 


76 

THE  WRITINGS  OF 

[1785 

221.  220.  40.  430.  323-  3^8.  650.  40.  440.  5^.  348. 
330.  389-  581.  360.  301.  430.  40.  383.  40.  220.  430. 
589.  40.  497.  20.  497.  400.  40.  + 579.617.  248.  92.  230. 
440.  94.  70.  430.  577.  175.  331.  230.  500.  430.  our  affairs 
with  412.  200.  430.  581.  430.  360.  444.  187.  509.  432. 
40.  12.  276.  497.  350.  573.  230.  440.  193.  54.  325.  166. 
40.  200.  430.  1 41.  360.  99.  400.  187.  The  affr  of  221 
329.  35.  219.  hath  not  been  acted  on  ; for  particular 
reasons  it  hath  hitherto  been  deferred.  A recommenda- 
tion hath  been  made  to  the  states  of  Connecticut, 
N.  Y.,  Jersey  & Pen^  to  raise  700  men  for  the  protec- 
tion of  the  frontier  settlements.  It  was  question’*? 
whether  it  were  not  better  by  requisition  & upon  y? 
Union,  since  it  might  be  y®  commenc’ment  of  an 
establishm?  w^  might  last  for  ages,  & if  yf  right  of 
requisition  existed,  the  effecting  by  other  means 
might  tend  to  weaken  & ultimately  destroy  it.  The 
delegation  of  Mass : at  Annapolis  protested  aghst 
this  right  8c  their  state  approv’d  their  conduct.  But  as 
the  right  of  requisition  existed  only  when  exerted  on 
the  union  8c  it  seem’d  generally  preferr’d  to  raise  them 
from  3.  or  4.  of  the  States  most  conveniently  situated, 
it  was  ultimately  agreed  to  adopt  y?  mode  of  recom- 
mendation.^ An  ordinance  regulating  the  mode  of 


survey  8c  sale  of  y®  lands  ceded  by  Virg^  hath  lately 
engag’d  the  attention  of  Congress — it  hath  not  yet 

^ It  was  determined  that  a requisition  for  700  men 
following  States  “ as  most  conveniently  situated.” 

should  be  made  on  the 

Connecticut 

165 

New  York 

165 

New  Jersey 

no 

Pennsylvania 

260 

yournal  of  Congress,  April  ist,  7th,  and  12th,  1785. 


1785]  JAMES  jWOJVEOE. 


77 


pass’d,  but  as  all  the  points  of  variance  seem  at  length 
accommodated,  it  will  perhaps  in  the  course  of  the 
succeeding  week.  The  original  report  admitted  of  the 
sale  only  of  tracts  containing  30.000  acres,  call’d 
townships ; this  was  adher’d  to  with  great  obstinacy 
by  the  E.  men  & as  firmly  oppos’d  by  the  Southern. 
At  length  however  the  Eastern  party  gave  up  the 
point  at  least  so  far  as  to  meet  on  middle  ground. 
As  it  now  stands  it  is  to  be  survey’d  in  townships  con- 
taining ab^  26.000  acres  each,  each  tovv^nship  mark’d 
on  y®  plat  into  lots  of  one  mile  square,  and  ^ y^  country 
sold  only  in  townships  & yf  other  in  lots.  1 3.  surveyors 
are  to  be  appointed  for  the  purpose  to  act  under  the 
controul  of  the  Geographer,  beginning  with  the  first 
range  of  townships  upon  the  Ohio  & running  North 
to  the  lakes,  from  the  termination  of  the  line  which 
forms  the  southern  boundary  of  the  State  of  Pen%  & 
so  on  westwl  with  each  range.  As  soon  as  five  ranges 
shall  be  survey’d  the  return  will  be  made  to  the  of 
Treasury,  who  are  instructed  to  draw  for  them  in  the 
name  of  each  State  in  yf  proportion  of  the  requisition 
on  each,  & transmit  its  portion  to  the  loan  officer  in 
each,  for  sale  at  publick  vendue,  provided  it  is,  7ior 
any  sold  for  less  than  one  dob  specie  or  certifi- 

cates yf  Acre.  Thus  stands  the  ordinance  at  present. 
Some  time  since  a treaty  was  ordered  to  be  held  with 
yf  Indians  in  the  Southern  department,  to  w^  comn 
Mr  Hawkins  of  Nf  Carolina,  Joseph  Martin  of  Virg^ 
& some  others  ^ were  appointed.  A treaty  is  also  to 
be  held  with  the  Indians  westward  at  port  Sf  Vincents 

’ Daniel  Carroll  of  Md.,  William  Perry  of  Del.,  and  Andrew  Pickens  of  S. 
Carolina.  Carroll  declined. 


78 

THE  WRITINGS  OF 

[1785 

or  somewhere  on  the  Wabash  or  Mississippi  for  the 
purpose  of  extinguishing  the  claims  to  soil  of  the 
tribes  who  inhabit  in  that  direction  : the  late  com?  are 
continued  in  the  appointment.  The  interest  on  the 
loans  in  Holland  for  y®  last  year  we  understand  is 
paid  but  not  on  those  of  France  by  y®  completion  of 
a loan  order’d  to  be  effected  before  y®  peace.  No  new 
loan  is  order’d  nor  will  there  be  as  I conceive.  A 
requisition  is  before  Congress  for  money  for  the  pay- 
ment of  the  interest  on  the  domestic  debt  to  the  31. 
of  Decf  1784  & on  y®  foreign  to  y®  31.  of  85.  amount- 
ing  to  3.000,000  of  dol?,  inclusive  of  the  current 
expenses  of  Government ; the  monies  to  be  applied  to 
the  payment  of  y®  interest  on  y®  foreign  debts  & the 
expences  of  gov’’  amounting  to  aH  1,000,000  of  dol? 
to  be  rec'?  in  specie  only,  & the  application  to  y^  interest 
on  y^  domestic  debt  in  certificates  under  the  modifica- 
tion of  the  late  requisition  being  ab^  2 thirds.  I am 
strongly  inclin’d  to  believe  the  western  lands  will 
absorb  all  y®  domestic  debt  Eastw"! ; the  gent”  from 
that  quarter  think  so.  I am  also  fully  persuaded  that 
when  acc?  of  Virg”  & N°  Carolina  shall  be  liqui- 
dated y^  amount  will  be  greater  than  is  expected  here. 
The  delay  in  this  business  from  the  negligence  of  M' 
L.  Wood,  prevents  y®  operation  of  these  requisitions 
having  relation  to  us,  & when  these  acc?  shall  be 
liquidated  most  probably  ours  will  comprehend  y* 
greater  part  of  y®  domestic  debt.  No  doubt  we  shall  be 
paid  but  we  had  better  go  on  pari  passu  with  our 
neighbours.  T o expedite  y®.  business  we  lately  obtain’d 
y®  addition  of  a 2^.  Comf  to  the  state  for  y®  purpose. 
They  are  each  to  act  in  a district.  We  have  had  re- 


1785]  JAMES  MONROE.  79 


turns  from  but  few  of  the  States  changing  y®  8‘^  article 
of  y®  confederation  ; several  have  already  adopted  itd 
The  requisition  is  on  y®.  principle,  in  that  respect, 
of  y®.  late  one.  A report  some  time  since  pass’d 
Congress  for  appointing  a Committee  to  wait  on  the 
legislatures  of  R.  L,  New  Yk.  & Georgia  to  advise  y®. 
immediate  passage  of  the  impost,  but  hath  never  been 
taken  up.  R.  I.  hath  adopted  it,  with  a separate  credit 
for  sums  beyond  her  quota,  & the  appointment  of  her 
own  officers  : N.  York  hath  had  it  before  her  legisla- 
ture this  winter  & negativ’d  it.  I believe  a bill  hath 
been  publish’d  for  inspection  of  y®  people  in 
Massachusetts  w^  had  y®  objects  you  mention  in  view 
but  that  it  hath  not  pass’d  as  yet  into  a law.  Of  this 
however  in  my  next  I will  inform  you.  Y"^  friend,  etc. 

Ja!  Monroe. 


TO  JOHN  JAY. 

June  2,  1785. 

Dear  Sir, — The  enclosed  Letter  will  inform  you 
that  one,  and  perhaps  more  of  our  Citizens  are  still 
held  in  Captivity  in  different  quarters  of  the  Globe  by 
the  Commandants  of  Vessels  and  others  without 

^ Congress,  on  the  i8th  of  April,  1783,  had  recommended  to  the  States  that 
the  8th  Article  of  the  Confederation  should  be  amended  so  as  to  provide  : 

“ That  all  charges  of  war  and  all  other  expences  that  have  been  or  shall  be 
incurred  for  the  common  defence  or  general  welfare,  and  allowed  by  the  United 
States  in  Congress  assembled,  except  so  far  as  shall  be  otherwise  provided  for, 
shall  be  defrayed  out  of  a common  treasury,  which  shall  be  supplied  by  the 
several  states  in  proportion  to  the  whole  number  of  white  and  other  free  citizens 
and  inhabitants,  of  every  age,  sex  and  condition,  including  those  bound  to 
servitude  for  a term  of  years,  and  three  fifths  of  all  other  persons  not  com- 
prehended in  the  foregoing  description,  except  Indians,  not  paying  taxes,  in 
each  State ; which  number  shall  be  triennially  taken,  and  transmitted  to  the 
United  States  in  Congress  assembled,  in  such  mode  as  they  shall  direct  and 
appoint  " 


8o  THE  WRITINGS  OF  [1785 


the  authority  of  the  King  or  Ministers  of  Great 
Britain.  Will  it  be  necessary  to  give  an  instruction 
to  the  minister  of  the  United  States  at  London  upon 
this  Head  similar  to  the  one  enclosed,  or  may  it  not 
be  effected  without  any  Act  of  Congress  by  your 
communication  only  ? If  the  former  should  be  your 
opinion  had  it  better  originate  with  Congress  than 
yourself  ? I should  suppose  that  you  might  effect  it 
and  induce  the  application  of  Mr.  Adams  under  the 
Treaty  without  any  act  of  Congress.  I submit  it, 
however,  to  you  and  should  be  glad  of  your  opinion 
as  soon  as  convenient. 

I am  very  respectfully  &c., 

Ja^  Monroe. 


TO  THOMAS  JEFFERSON. 

New  York,  June  16,  1785. 

Dear  Sir, — By  Col°  Smith  Secry  to  the  London 
Legation  I wrote  you  in  April  last  very  fully  upon 
our  transactions  previous  to  that  date.  I also  inclos’d 
you  the  journals  that  were  then  printed  with  the  copy 
of  a report  ^ upon  the  first  paragraph  of  the  9^^  of  the 

* This  report,  partly  in  Monroe’s  handwriting,  is  in  the  volume.  Reports  op 
Committees  for  Increasing  the  Powers  of  Congress  by  Recommendations  to  the 
States,  p.  125,  in  the  Department  of  State.  It  is  endorsed  : “ Report — M*"  Mon- 
roe, M*^  Spaight,  M'’  Houston,  M"^  Johnson,  M*^  King — to  grant  Congress  power 
of  Regulating  trade.  Ent’d.  Read.  March  28,  1785.”  Tuesday  April  6. 
assigned. 

It  is  as  follows  : 

The  Committee,  to  whom  was  referred  the  motion  of  M^  Monroe,  submit  the 
following  report : 

“ That  the  first  paragraph  of  the  ninth  of  the  Articles  of  Confederation  be 
altered  so  as  to  read  thus,  viz. 

“ ‘ The  United  States  in  Congress  assembled,  shall  have  the  sole  and  exclusive 
right  and  power  of  determining  on  peace  and  war,  except  in  the  cases  men- 


1785]  JAMES  MONROE.  81 


Articles  of  Confederation  proposing  a change  in  it 
and  the  absolute  investment  of  the  U.  S.  with  the 

tioned  in  the  sixth  article  ; of  sending  and  receiving  ambassadors,  entering  into 
treaties  and  alliances  ; of  regulating  the  trade  of  the  States,  as  well  with  foreign 
nations,  as  with  each  other,  and  of  laying  such  imposts  and  duties  upon  imports 
and  exports,  as  may  be  necessary  for  the  purpose  ; provided,  that  the  citizens 
of  the  States  shall  in  no  instance  be  subjected  to  any  higher  imposts  and  duties, 
than  those  imposed  on  the  subjects  of  foreign  powers  ; provided  also,  that  the 
legislative  power  of  the  several  States  shall  not  be  restrained  from  prohibiting 
the  importation  or  exportation  of  any  species  of  goods  or  commodities  whatso- 
ever ; provided  also,  that  all  such  duties  as  may  be  imposed,  shall  be  collected 
under  the  authority  and  accrue  to  the  use  of  the  State,  in  which  the  same  shall 
be  payable  ; and  provided  lastly,  that  every  act  of  Congress  for  the  above  pur- 
pose, shall  have  the  assent  of  nine  States  in  Congress  assembled  ; of  establish- 
ing rules  for  deciding  in  all  cases,  what  captures  on  land  or  water  shall  be 
legal,  and  in  what  manner  prizes  taken  by  land  or  naval  forces  in  the  service  of 
the  United  States  shall  be  divided  or  appropriated  ; of  granting  letters  of 
marque  and  reprisal  in  time  of  peace,  appointing  courts  for  the  trial  of  piracies 
and  felonies  committed  on  the  high  seas,  and  establishing  courts  for  receiving 
and  determining  finally  appeals  in  all  cases  of  captures  ; provided  that  no  mem- 
ber of  Congress  shall  be  appointed  judge  of  any  of  the  said  courts.’ 

“ That  the  following  letter  be  addressed  to  the  legislatures  of  the  several 
States,  showing  the  principles  on  which  the  above  alteration  is  proposed. 

“The  United  States  having  formed  treaties  of  commerce  with  the  Most 
Christian  King,  the  King  of  Sweden,  and  the  States  General  of  the  United 
Netherlands,  and  having  appointed  ministers  with  full  authority  to  enter  into 
treaties  with  other  powers,  upon  such  principles  of  reciprocity,  as  may  promote 
their  peace,  harmony  and  respective  interests,  it  becomes  necessary  that  such 
internal  arrangements  should  be  made,  as  may  strictly  comply  with  the  faith  of 
these  treaties,  and  ensure  success  to  their  future  negotiations.  But  in  the  pur- 
suit of  the  means  necessary  for  the  attainment  of  those  ends,  considerable 
difficulties  arise.  If  the  legislature  of  each  State  adopts  its  own  measures, 
many  and  very  eminent  disadvantages  must,  in  their  opinion,  necessarily 
’result  therefrom.  They  apprehend  it  will  be  difficult  for  thirteen  different 
legislatures,  acting  separately  and  distinctly,  to  agree  in  the  same  interpretation 
of  a treaty,  to  take  the  same  measures  for  carrying  it  into  effect,  and  to  conduct 
their  several  operations  upon  such  principles  as  to  satisfy  those  powers,  and  at 
the  same  time  preserve  the  harmony  and  interests  of  the  Union  ; or  to  concur 
in  those  measures,  which  may  be  necessary  to  counteract  the  policy  of  those 
powers,  with  whom  they  shall  not  be  able  to  form  commercial  treaties,  and 
who  avoid  it  merely  from  an  opinion  of  their  imbecility  and  indecision.  And 
if  the  several  States  levy  different  duties  on  their  particular  produce,  exported 
to  the  ports  of  these  powers,  or  upon  the  produce  and  manufactures  of  those 

VOL.  1—6 


82 


THE  WRITINGS  OF 


[1785 


controul  of  commerce.  I now  enclose  you  a copy  of 
the  journals  as  well  those  sent  by  Col?  Smith  as  those 

powers  imported  into  each  State,  either  in  vessels  navigated  by  and  belonging 
to  the  citizens  of  these  States,  or  the  subjects  of  those  powers,  it  will,  they 
apprehend,  induce  on  their  part  similar  discriminations  in  the  duties  upon  the 
commercial  intercourse  with  each  State,  and  thereby  defeat  the  objects  of  these 
treaties,  and  promote  the  designs  of  those,  who  wish  to  profit  by  their  embar- 
rassment. Unless  the  United  States  in  Congress  assembled  are  authorized  to 
make  those  arrangements,  which  become  necessary  under  their  treaties,  and  are 
enabled  to  carry  them  into  effect,  they  cannot  complain  of  a violation  of  them 
on  the  part  of  other  powers.  And  unless  they  act  in  concert,  in  the  system  of 
policy,  which  may  be  necessary  to  frustrate  the  designs  of  those  powers,  who 
lay  injurious  restraints  on  their  trade,  they  must  necessarily  become  the  victims 
of  their  own  indiscretion. 

“ The  common  principle,  upon  which  a friendly  commercial  intercourse  is 
conducted  between  independent  nations,  is  that  of  reciprocal  advantage  ; and 
if  this  is  not  obtained,  it  becomes  the  duty  of  the  losing  party  to  make  such 
further  regulations,  consistently  with  the  faith  of  treaties,  as  will  remedy  the 
evil,  and  secure  its  interests.  If  then  the  commercial  regulations  of  any  foreign 
power  contravene  the  interests  of  any  particular  State,  if  they  refuse  admittance 
to  its  produce  into  its  ports,  upon  the  same  terms  that  the  State  admits  its  man- 
ufactures here,  what  course  will  it  take  to  remedy  the  evil?  If  it  makes  similar 
regulations  to  counteract  those  of  that  power,  by  reciprocating  the  disadvan- 
tages which  it  feels,  by  impost  or  otherwise,  will  it  produce  the  desired  effect  ? 
What  operation  will  it  have  upon  the  neighbouring  States?  Will  they  enter  into 
similar  regulations,  and  make  it  a common  cause?  On  the  contrary,  will  they 
not  in  pursuit  of  the  same  local  policy,  avail  themselves  of  this  circumstance  to 
turn  it  to  their  particular  advantage  ? Thus,  then,  we  behold  the  several  States 
taking  separate  measures  in  pursuit  of  their  particular  interests,  in  opposition 
to  the  regulations  of  foreign  powers,  and  separately  aiding  those  powers  to  de- 
feat the  regulations  of  each  other  ; for  unless  the  States  act  together,  there  is 
no  plan  of  policy  into  which  they  can  separately  enter,  which  they  will  not  be 
separately  interested  to  defeat,  and  of  course  all  their  measures  must  prove  vain 
and  abortive. 

“ The  policy  of  each  nation  in  its  commercial  intercourse  with  other  powers  is 
to  obtain,  if  possible,  the  principal  share  of  the  carriage  of  the  materials  of  either 
party,  and  this  can  only  be  effected,  by  laying  higher  duties  upon  imports  and 
exports  in  foreign  vessels,  navigated  by  the  subjects  of  foreign  powers,  than  in 
those  which  belong  to,  and  are  navigated  by  those  of  its  own  dominions.  This 
principle  prevails  in  a greater  or  less  degree  in  the  regulations  of  the  oldest  and 
wisest  commercial  nations  with  respect  to  each  other,  and  will  of  course  be  ex- 
tended to  these  States.  Unless  therefore  they  possess  a reciprocal  power,  its 
operation  must  produce  the  most  mischievous  effects.  Unable  to  counteract  the 


1785]  JAMES  MONROE.  83 


since  printed,  likewise  an  ordinance  for  surveying  and 
disposing  of  the  lands  beyond  the  Ohio.  Unfortu- 

restrictions  of  these  powers  by  similar  restrictions  here,  or  to  support  the  inter- 
ests of  their  citizens  by  discriminations  in  their  favor,  their  system  will  prevail. 
Possessing  no  advantages  in  the  ports  of  his  own  country,  and  subjected  to  much 
higher  duties  and  restrictions  in  those  of  other  jiowers,  it  will  necessarily  become 
the  interest  of  the  American  merchant  to  ship  his  produce  in  foreign  bottoms  ; 
of  course  their  prospects  of  national  consequence  must  decline,  their  merchants 
become  only  the  agents  and  retailers  of  those  of  foreign  powers,  their  extensive 
forests  be  hewn  down  and  laid  waste  to  add  to  their  strength  and  national  re- 
sources, and  the  American  flag  be  rarely  seen  upon  the  face  of  the  seas. 

“ Rut  if  they  act  as  a nation,  the  j^rospect  is  more  favorable  to  them.  The  par- 
ticular interests  of  every  State  will  then  be  brought  forward,  and  receive  a 
federal  support.  Happily  for  them,  no  measures  can  be  taken  to  promote  the 
interests  of  either,  which  will  not  equally  promote  that  of  the  whole.  If  their 
commerce  is  laid  under  injurious  restrictions  in  foreign  ports,  by  going  hand  in 
hand  in  confidence  together,  by  wise  and  equitable  regulations,  they  will  the 
more  easily  sustain  the  inconvenience  or  remedy  the  evil.  If  they  wish  to 
cement  the  union  by  the  strongest  ties  of  interest  and  affection,  if  they  wish  to 
promote  its  strength  and  grandeur  founded  upon  that  of  each  individual  State, 
every  consideration  of  local,  as  well  as  of  federal  policy,  urges  them  to  adopt  the 
following  recommendation  : 

“ The  situation  of  the  commercial  affairs  of  the  Union,  requires  that  the  several 
legislatures  should  come  to  the  earliest  decision  on  the  subject,  which  they  now 
submit  to  their  consideration.  They  have  weighed  it  with  that  profound  at- 
tention, which  is  due  to  so  important  an  object,  and  are  fully  convinced  of  its 
expedience.  A further  delay  must  be  productive  of  inconvenience.  The  inter- 
ests which  wilt  rest  in  every  part  of  the  Union,  must  soon  take  root  and  have 
their  influence.  The  produce  raised  upon  the  banks  of  these  great  rivers  and 
lakes,  which  have  their  source  high  up  in  the  interior  parts  of  the  continent,  will 
empty  itself  into  the  Atlantic  in  different  directions,  and  of  course,  as  the  States 
growing  up  at  the  westward  attain  maturity  and  get  admission  into  the  confed- 
eracy, will  their  government  become  more  complicated.  Whether  this  will  be 
the  source  of  strength  and  wealth  to  the  Union,  must  therefore  in  a great  degree 
depend  upon  the  measures  which  may  be  now  adopted. 

“ A temporary  power  would  not  in  their  opinion  enable  the  United  States  to  es- 
tablish the  interests,  nor  attain  the  salutary  object,  which  they  propose  ; the  ex- 
pectation, that  it  will  revert  to  the  States  and  remain  with  them  for  the  future, 
would  lessen  its  weight  with  foreign  powers  ; and  while  the  interests  of  each 
State  and  of  the  federal  government  continue  to  be  the  same,  the  same  evils 
will  always  require  the  same  correction,  and  of  course  the  necessary  powers 
should  always  be  lodged  in  the  same  hands.  They  have  therefore  thought 
proper  to  propose  an  efficient  and  perpetual  remedy.” 


84  THE  WRITINGS  OF  [1785 


nately  I have  not  been  able  to  command  my  cypher 
from  Virg^  so  that  yf  communications  in  the  last  & 
preceding  letters,  have  been  hid  from  my  view.  I 
left  it  with  Mr  Jones  who  hath  plac’d  it  among  his 
papers  but  where  he  knows  not.  He  promises  to 
search  ag"  on  his  return  home  which  will  be  shortly. 
I hope  to  receive  the  one  by  young  Mr  Adams  w^ 
will  terminate  the  difficulty.  The  report  upon  the 
article  hath  not  been  taken  up.  The  importance 
of  the  subject  & the  deep  and  radical  change  it  will 
create  in  the  bond  of  the  Union  together  with  the 
conviction  that  something  must  be  done,  seems  to  cre- 
ate an  aversion  or  rather  a fear  of  acting  on  it.  If  the 
report  sho^^  ultimately  be  adopted  it  will  certainly  form 
the  most  permanent  and  powerful  principle  in  the 
confederation.  At  present  the  alliance  is  little  more 
than  an  offensive  and  defensive  one,  and  if  the  right 
to  raise  troops  at  pleasure  is  denied,  merely  a defen- 
sive one.  The  political  economy  of  each  State  is  entirely 
within  its  own  direction  and  to  carry  into  effect  its 
regulations  with  other  powers  to  attain  any  substan- 
tial ends  to  the  State,  they  must  apply  as  well  to  the 
States  of  the  Union  as  other  powers,  and  such  a course 
as  this  will  produce  very  mischievous  effects.  On  the 
other  hand  the  effect  of  this  report  w^^  be  to  put  the 
commercial  economy  of  every  state  entirely  under  the 
hands  of  the  Union,  the  measure  necessary  to  obtain 
the  carrying  trade,  to  encourage  domestic  by  a tax  on 
foreign  industry,  or  any  other  ends  which  in  the 
changes  of  things  become  necessary,  will  depend  en- 
tirely on  the  Union.  In  short  you  will  perceive  that 


1785]  JAMES  MONROE.  85 


this  will  give  the  union  an  authority  upon  the  States 
respectively  which  will  last  with  it  & hold  it  together 
in  its  present  form  longer  than  any  principle  it  now 
contains  will  effect.  I think  the  expedience  in  a great 
degree  of  the  measure  turns  on  one  point  (especially 
to  the  Southern  States)  whether  the  obtainm‘  of  the 
carrying  trade  and  the  extention  of  our  National  re- 
sources is  an  object.  And  this  depends  entirely  upon 
the  prospect  of  our  connection  with  other  powers  ; if 
like  the  empire  of  China  we  were  separated  and  per- 
fectly independent  of  them  it  might  perhaps  be  un- 
necessary : but  even  in  the  event  a question  arises  w^ 
may  be  of  consequence,  “ whether  the  giving  our  own 
citizens  a show  in  the  carrying  trade  will  not  other- 
wise be  advantageous  to  them  than  as  it  obtains  the 
particular  object  w^  the  regulations  necessary  to  effect 
it  have  in  view  ; whether  it  will  not  in  effect  increase 
the  value  of  land,  the  number  of  inhabitants,  the  pro- 
portion of  circulating  medium,  and  be  the  foundation 
upon  which  all  those  regulations  which  are  necessary 
to  turn  what  is  call’d  ' the  balance  of  trade  ’ in  our 
favor,  must  be  form’d.”  A preference  to  our  own 
citizens  is  the  foundation  of  the  carrying  trade  and 
upon  it  I suspect  will  depend  all  these  consequences. 
Yet  an  opinion  seems  to  be  entertain’d  by  the  late 
commerc!  writers  and  particularly  a Mr  Smith  on  the 
wealth  of  nations  that  the  doctrine  of  the  balance  of 
trade  is  a chimera  in  pursuit  of  w^  G.  B.  hath  expos’d 
herself  to  great  injury.  If  it  shor^  be  found  that  the 
carrying  trade  was  only  useful  as  it  added  to  the 
national  strength  & it  of  no  great  consequence  I 


86 


THE  WRITINGS  OF 


[1785 


sho?  suspect  that  the  apprehensions  already  entertain’d 
and  which  will  no  doubt  form  great  embarrassment  to 
the  passage  of  this  or  any  such  measure,  sho?  have 
great  weight — “ that  the  pursuit  of  thi's  object  will  put 
it  in  the  power  of  those  States  more  immediately  in- 
terested in  it,  to  carry  the  regulations  further  than  the 
attainment  of  it  may  make  necessary,  so  as  to  give 
them  advantages  that  will  be  almost  exclusive  & oper- 
ate essentially  to  our  prejudice  : so  as  to  lessen  the 
price  of  our  produce,  discourage  its  cultivation  & 
throw  the  monopoly  in  the  purchase  principally  in  their 
favor.”  Whether  this  under  the  report  will  probably 
be  the  case  or  possibly  is  doubtful  : the  regulation  of 
the  fishery  is  as  much  under  our  controul,  even  with- 
out the  bounds  of  the  State,  as  the  toh?  of  Virgf,  and 
all  the  states  have  produce,  so  that  I am  inclin’d  to 
hope  that  the  productions  of  the  South,  though  dis- 
proportionate to  that  of  the  East  wo"^  not  induce,  more 
especially  as  the  revenue  accrues  to  the  State,  and  not 
the  Union,  any  unequal  restrictions.  The  subject  is 
of  great  magnitude  and  I very  earnestly  wish  to  hear 
from  you  on  it  before  it  obtains  its  fate  and  this  I am 
persuaded  may  be  the  case  especially  if  the  letter  by 
Col?  Smith  obtained  a ready  conveyance.  I informed 
you  in  my  letter  by  Mr  Smith  that  a Committee  was 
appointed  to  revise  the  instructions  subsisting  to  our 
Commiss"?  authoriz’d  to  form  commerl  treaties  and 
report  what  alterations  if  any  were  necessary. 
This  Committee  hath  reported  and  repeal’d  the  two 
first  articles.  I think  it  will  be  adopted.  As  I have 
no  cypher  I cannot  risque  anything  upon  this  head 


1785]  JAMES  MONROE.  87 


further  than  to  observe  than  the  letter  I allude  to  will 
serve  to  give  you  some  idea  of  the  alteration.  It  is 
prefac’d  with  reasoning  upon  the  propriety  of  the  alter- 
ation, upon  which  it  is  form’d  and  of  course  if  the 
reasoning  is  illy  founded  the  superstructure  falls  to 
the  ground.  I hope  the  whole  will  either  be  adopted 
or  negativ’d,  for  it  will,  if  adopted,  enable  our  minis- 
ters to  investigate  the  truth  of  the  positions  and  repre- 
sent them  to  us,  which  their  situation  enables  them  to 
effect.  There  seems  in  Congress  an  earnest  disposi- 
tion to  wind  up  our  affairs  as  they  respect  foreign 
nations,  exclude  their  interests  totally  from  our 
Councils,  and  preserving  our  faith  with  the  utmost 
punctuality  with  those  to  whom  it  is  plighted,  make 
such  regulations  as  will  effectually  promote  our  inter- 
ests. Information  and  a knowledge  in  what  it  con- 
sists are  the  only  points  in  which  they  are  defective. 
I have  never  seen  a body  of  men  collected  in  which 
there  was  less  party,  for  there  is  not  the  shadow  of  it 
here  ; I think  there  will  be  no  adjournment  and  I 
sincerely  wish  there  may  not  be  for  I fear  it  will  not 
be  easy  to  collect  men  from  the  States  with  more  up- 
right intentions.  That  you  may  have  in  view  what- 
ever is  in  agitation  respecting  the  western  country,  to 
judge  of  the  system  if  there  is  one  I enclose  you  the 
copy  of  a report  now  before  Congress  w^  comprehends 
whatever  is  propos’d  to  be  done  respecting  it  for  the 
present.  Upon  the  report  of  the  Indian  Commiss*^^" 
the  matter  will  again  be  taken  up  and  then  it  will 
be  determin’d  what  authority  Congress  will  exercise 
over  the  people  who  may  settle  within  the  bounds  of 


88  THE  WRITINGS  OF  [1785 


either  of  the  new  States  previous  to  the  establishment 
of  a temporary  gov^  whether  they  will  leave  them  to 
themselves  or  appoint  Magistrates  over  them — I think 
the  enclos’d  report  will  be  adopted  : it  hath  been  sev- 
eral times  before  Congress  & each  time  there  were  8. 
states  ; to-morrow  it  is  believed  there  will  be  9.  The 
plan  of  a requisition  is  before  Congress.  The  States 
have  fail’d  essentially  during  the  last  year  in  making 
their  payments.  Virgf  hath  p^^  I believe  more  than 
all  the  rest.  The  present  plan  is  the  proposal  of  the 
requisition  of  8,000,000  as  was  that  of  last  year.  The 
am'  necessary  for  the  current  year  ab^  3,000,000. — i. 
for  the  interest  upon  the  foreign  debt  & expenses  of 
gov^  & 2.  the  domestic  debt.  For  the  latter  pur- 
pose facilities  are  propos’d  to  be  admitted.  I must 
confess  I doubt  the  propriety  of  pressing  old  requisi- 
tions & think  it  wo^^  be  better  to  ascertain  what  had 
been  p^^  by  the  several  states  upon  that  requisition,  & 
upon  the  apportionment  under  it,  what  claims  those 
paying  most  had  on  the  others,  and  then  begin  anew 
making  also  a new  apportionment.  This  wo^^  be  more 
simple  & better  understood.  I am  also  rather  doubt- 
ful of  the  propriety  of  doing  anything  whatever  in 
the  domestic  debt.  Several  of  the  States,  Penf  in 
particular  hath  appropriated  her  money  to  her  own 
citizens  only.  From  her  & the  other  states,  taking 
the  same  course,  we  shall  have  no  support.  It  ap- 
pears then  better  to  recommend  it  to  the  States  to 
take  on  themselves  the  debts  of  the  U.  S.  to  their  citi- 
zens respectively,  let  them  be  p^^  by  State  operations 
& then  after  liquidating  the  whole,  and  the  quota  of 


1785]  JAMES  MONROE.  89 


each  is  ascertain’d,  of  the  proportion  of  expences,  of 
the  late  war,  let  the  balance  which  either  shall  have 
advanced  beyond  its  proportion  be  paid  it  by  the 
Union.  This  is  a new  idea  nor  do  I know  that  I shall 
suggest  it  further,  but  perhaps  may  hereafter  more  es- 
pecially if  it  shall  appear  founded  in  justice  and  ex- 
pedience. During  the  recess  of  Congress  last  year 
N?  Carolina  made  a cession  of  territory  to  the  US. 
authorizing  her  Delegates  to  make  the  deed.  Before 
Congress  conven’d  she  repeal’d  it.  Lately  a motion 
was  made  & a report  upon  it  accepting  the  cession 
supposing  the  acceptance  conclusive  on  the  state.  I 
was  surpris’d  to  find  it  had  so  many  advocates,  there 
being  six  States  in  favor  of  it.  I suspected  it  wo^^  have 
again  been  taken  up  but  was  agreeably  disappointed. 
The  act  gave  Congress  a year  to  accept  it  in  & uses 
the  term  at  the  end  of  it  “ provided  it  shall  not  be  ac- 
cepted within  that  time  it  shall  revert  to  the  State.” 
Yet  I CO?  not  conceive  it  obligatory  on  the  State  un- 
till accepted  by  the  US.,  and  of  course  until  that 
event  within  the  controul  of  the  State.  The  people 
within  the  said  territory  had  separated  themselves 
from  the  State  & declar’d  themselves  an  independent 
state  under  the  name  of  Franklin.  Their  agent  was 
also  here  at  the  time  upon  that  subject.  He  rec?  no 
countenance  whatever,  and  all  that  was  done  relative 
to  it  was  to  renew  the  recommendation  to  the  State  to 
make  a 2?  cession.  It  is  in  contemplation  to  send  a 
Committee  to  N?  Carolina  and  Georgia  upon  the  sub- 
ject of  western  land  & of  finance  to  press  their  atten- 
tion to  those  subjects — but  of  this  as  well  as  of  the 


90 


THE  WRITINGS  OF  [1785 


Other  objects  to  which  their  attention  may  be  turn’d  I 
will  write  you  more  fully  in  my  next.  The  great 
points  which  will  be  before  the  Union  as  well  in  those 
lines  as  that  of  commerce,  will  perhaps  have  taken 
their  ultimate  direction  here  in  a few  months  or  in  the 
course  of  the  year  and  then  the  several  legislatures 
will  be  the  theater  of  investigation.  Committees  of 
Congress  may  perhaps  expedite  their  passage.  I sho^^ 
not  have  wrote  thus  freely  without  the  cover  of  a cy- 
pher but  from  the  confidence  I repose  in  Mr  Mazzei. 
He  will  deliver  it  to  you  personally.  He  hath  been 
here  about  a fortnight  and  sails  to-day  in  the  packet. 
I have  been  much  concern’d  for  an  accident  which 
happen’d  to  him  here.  While  with  us  one  evening 
his  room  was  found  open  & his  trunk  with  papers  & 
money  taken  out.  He  recov’d  everything  except  abr 
40.  guineas.  As  my  colleagues  write  Mr  Short  I 
must  beg  his  excuse  for  the  present.  I hope  he  is 
well.  I am  with  great  respect  & esteem  yr  affec  : 
friend  & servr 

jAf  Monroe. 


TO  JAMES  MADISON. 

New  York,  July  12,  1785. 

Dear  Sir, — I enclose  a copy  of  the  journals  so  far 
as  they  are  printed.  They  contain  nothing  you  will 
find  respecting  the  requisition  nor  the  commercial  in- 
terests of  the  Union.  I'he  former  upon  the  report 
of  a committee  hath  been  frequently  before  Congress 
of  late  and  as  often  recommitted,  in  which  state  it  now 


JAMES  MONROE. 


1785] 


91 


lies.  As  the  principal  part  of  the  debt  which  in  other 
States  forms  a part  of  the  present  estimate,  for  the 
payment  of  whose  interest  the  requisition  is  in  that 
degree  made,  contracted  by  Qf masters,  commis- 
sioners, & with  individuals  in  the  liquidation  whereof 
the  commiss"^^^  of  the  U S.  with  those  of  each  State 
are  now  engag’d,  was  contracted  in  ours  by  State  im- 
pressments and  of  course  consider’d  and  provided  for 
as  a State  debt,  we  thought  it  our  duty  to  propose 
that  in  all  cases  wherein  claims  of  individuals  by 
payment  of  the  principal  or  other  satisfactory  com- 
pensation have  been  transferr’d  to  the  States  of  which 
they  are  citizens,  the  s?  states  shall  be  consider’d  as 
standing  in  the  place  of  the  individuals  and  entitled 
to  all  the  benefits  which  wo?  otherwise  have  belong’d 
to  them.”  Two  thirds  of  the  am^  requir’d  will  be  nec- 
essary to  discharge  the  interest  upon  the  domestic 
debt,  & this  may  be  so  modified  on  the  collection  as 
to  admit  certificates  of  interest  in  discount  upon  the 
liquidated  debt : our  object  therefore  was  to  extend 
this  facility  to  the  State  to  obtain  for  her  a discount  of 
so  much  as  she  paid  to  her  citizens  of  those  debts  due 
them  by  the  U States,  and  thereby  prevent  the  pay- 
ment of  double  her  proportion,  for  the  discharge  of 
similar  debts  within  other  states,  while  she  was  ex- 
hausted by  making  it  to  her  own  citizens.  To  com- 
plete the  facility  to  the  States  whose  acct"  were 
unliquidated  we  also  propos’d  “ that  for  that  reason 
and  as  each  State  suppos’d  she  had  advanc’d  her 
federal  quota,  and  requisitions  upon  a contrary  princi- 
ple, untill  they  sho^^  be  liquidated,  might  be  injurious 


92  THE  WRITINGS  OF  [1785 

to  those  with  whom  it  sho?  be  the  case,  so  far  as  they 
applied  to  the  domestic  debt  that  the  requisitions 
might  be  so  modified  in  their  collection  as  that  the 
States  might  pay  in  their  quotas  in  either  the  principal 
or  interest  of  such  acc“  as  sho?  be  liquidated.”  We 
presum’d  the  U.  States  wo?  be  benefited  by  a state’s 
availing  itself  of  this  facility,  as  it  must  always  be  the 
interest  of  the  debtor  to  diminish  the  principal  in 
preference  to  the  interest  of  a debt  where  the  engag- 
ment  is  not  to  pay  interest  upon  interest.  Lastly  we 

propos’d  “ that dol"  sho?  be  deducted  out  of  the 

requisition  in  payment  of  that  am!  of  the  advances  of 
the  State  for  the  expedition  to  the  Kaskaskias  &?  ” 
Those  propositions  were  not  rec?  in  yf  most  favorable 
manner.  As  to  the  first  they  said  “ that  the  assump- 
tion on  the  part  of  the  State  & payment  to  its  own 
citizens  of  the  debts  due  by  the  U S.  were  voluntary 
acts,  that  such  advances  therefore  must  be  consider’d 
upon  the  final  liquidation  of  State  acc“  when  the  ad- 
vances of  all  the  States  and  their  respective  quotas 
ascertain  d and  apportion  d.  That  these  ad- 
vances also  were  in  discharges  of  specific  requisitions 
to  which  the  State  had  given  its  assent  in  a motion  by 
her  delegates  when  the  detachment  of  Wayne  was 
marching  southw?  We  answer’d  that  the  failure  in 
specific  requisitions  (and  we  would  grant  we  had  abso- 
lutely fail’d  which  however  was  not  the  case)  was  like 
failures  in  all  other  requisitions,  that  if  we  paid  less 
in  that  than  other  States  we  had  exceeded  in  equal 
degree  in  other  instances,  that  these  payments  or 
failures  under  requisitions  stood  on  the  same  ground 
& were  to  be  settled  on  the  same  principles.  That 


JAMES  MONROE. 


1785] 


93 


the  resolution  respecting  Wayne  was  confin’d  only  to 
the  troops  under  his  command  and  untill  he  sho? 
reach  the  Marquis  of  Fayette,  or  if  extended  to  all 
the  regular  troops  then  in  the  State  or  during  the 
campaign  it  had  no  connection  with  the  militia  and 
State  impressments  for  militia  & regular  troops  ; or 
if  extended  to  the  whole  in  either  instance  and  untill 
the  payment  of  the  whole  requisition,  for  the  extra- 
advance there  sho^^  be  some  consideration.  In  oppo- 
sition to  the  2?  proposition  it  was  urg’d  ‘‘  that  here  is 
the  estimate  of  the  publick  debt  for  the  payment  of 
whose  interest  a requisition  is  to  be  made  ; how  can 
the  interest  be  paid  upon  the  estimate  when  the  money 
necessary  for  it  is  to  be  applied  to  the  discharge  of 
the  principal  in  some  of  the  States.”  Upon  the  3^ 
proposition  we  had  previously  taken  the  sense  of 
Congress  but  we  thought  proper  to  bring  it  again  to 
their  view  that  we  might  know  what  they  intended 
doing  in  it.  They  were  all  three  committed  after 
several  days  debate  & the  opinion  of  the  committee 
being  agfist  them  after  a few  days  obtain’d  a dis- 
charge. The  report  of  the  requisition  will  probably 
be  brought  in  today.  All  the  States  eastw^^  of  Penn- 
syk  inclusive  are  interested  in  keeping  up  the  present 
estimate  and  regulating  the  collection  of  the  sums 
call’d  for  so  as  to  pay  the  interest  of  it  and  of  it  alone. 
In  vain  it  is  argued  that  it  is  not  founded  on  the  true 
state  of  the  domestic  debt  and  therefore  improper  & 
oppressive.  That  untill  the  liquidation  takes  place  it 
sho?  be  accommodated  as  much  as  possible  to  the  con- 
venience of  the  States.  That  it  cannot  be  expected 


THE  WRITINGS  OF  [1785 


whilst  some  of  the  States  fail  altogether  & present  at 
the  same  time  an  asylum  to  those  who  fly  from  the 
duties  of  govl  that  others  will  continue  to  harrass  their 
citizens  in  making  payments.  I intended  saying  some 
thing  upon  the  commercl  subject  but  have  not  time. 
Don  Diego  de  Gardoqui  hath  arriv’d  & been  pre- 
sented to  Congress.  He  presented  a letter  of  cre- 
dence from  the  King  & has  full  powers  to  treat  upon 
the  subject  of  the  disputed  boundary  Yet  he  is 
stil’d  Encargado  de  Negocios,  in  consequence  of  the 
character  of  our  min®^"  at  Madrid.  We  take  his  stile 
from  his  letter  of  credence  & call  him  Encargado  de 
Negocios.  He  is  a polite  & sensible  man.  I have 
inquir’d  into  the  report  of  the  commiss^'f  of  Georgia 
to  treat  with  those  of  SpP  & find  it  hath  arose  from 
the  application  of  a vain  old  man  to  the  Georgia  legis- 
lature who  rec^^  for  answer  they  wo^^  attend  to  it  in 
good  time,”  returning  home  under  an  impression  his 
aff".^  were  in  a good  way  & gave  those  he  conferr’d 
with  reason  to  believe  he  was  authoriz’d  to  treat. 
This  the  Delegates  of  that  State  suppose  to  be  the 
case.  Yf  several  letters  to  Mf  Jefferson  I have  regu- 
larly forwarded  in  the  packets  as  I have  rec^  them.  I 
am  dear  sir  very  respectfully  yr.  fn?  & serv^ 

jAf  Monroe. 

P.  S.  What  say  you  to  a trip  to  the  Indian  treaty 
to  be  held  on  the  Ohio — some  time  in  August  or 
Sepr — I have  thoughts  of  it  & sho^^  be  happy  in  your 
company.  We  might  meet  somewhere  on  the  way 
or  perhaps  you  have  thoughts  of  a trip  this  way. 
Packets  sail  every  week  eastw?  to  R.  Island  & Boston 


1785] 

/AMES  MOATEOE. 

95 

— a stage  is  also  establish’d  to  lake  George  & the 
communication  over  lake  Champlain  to  Montreal  and 
Quebec  easy  & expeditious.  Agreeable  company 
may  be  found  either  way. 


TO  THOxMAS  JEFFERSON. 

New  York,  July  15,  1785. 

Dear  Sir, — By  Mr  and  M^.^  Macauly  Graham  I 
have  the  pleasure  to  transmit  this.  They  intend  im- 
mediately for  the  South  of  France  and  as  from  yours 
in  March  I had  reason  to  suspect  you  intended  thither 
I have  suggested  to  them  the  probability  of  their 
meeting  you  in  that  quarter.  This  lady  is  the  author 
of  the  history  under  her  name.  She  hath  been  on  a 
visit  to  Mount  Vernon,  hath  been  well  receiv’d  by 
Gen!  Washington  & returns  to  Europe  under  the 
most  favorable  impressions  of  him.  If  you  sho^  not 
be  in  the  south  of  France  as  Mr  Graham  intends  visit- 
ing Paris  I have  thought  proper  to  enclose  you  by 
him  the  journals  publish’d  since  the  departure  of 
Mr  Mazzei.  The  report  respecting  the  treaty  with 
the  Western  indians  hath  been  adopted,  except  in  the 
change  of  the  place  at  which  it  will  be  held,  being  the 
mouth  of  the  Big  Miami  or  the  falls  of  the  Ohio,  in- 
stead of  post  Vincent,  and  the  article  respecting  the 
people  of  the  Kaskaskias  & neighboring  villages,  w^ 
altho’  first  adopted  was  afterwards  repeal’d  from  an 
apprehension  it  wo^^  create  too  great  an  expence.  The 
report  proposing  a change  in  the  first  paragraph  of 


[1785 


96  THE  WRITINGS  OF 

the  9^^  & articles  of  confederation  hath  been  before 
Congress  in  a committee  of  the  whole  for  two  days 
past.  The  house  was  to  take  it  up  again  on  Monday  j 
in  the  same  manner.  It  hath  been  fully  discuss’d  and 
in  my  opinion  the  reasons  in  favor  of  it  are  conclus- 
ive. The  opposition  however  is  respectable  in  point 
of  numbers  as  well  as  talents,  in  one  or  two  instances. 
From  our  State  you  will  readily  conjecture  the  senti- 
ments of  one,  Hardy  is  for  it,  Grayson  doubtful  but  I 
think  rather  in  favor  of  it.  Some  gent"  have  inveterate 
prejudices  agns‘  all  attempts  to  increase  the  powers 
of  Congress,  others  see  the  necessity  but  fear  the  con- 
sequences. It  is  propos’d  by  the  latter  & former 
classes  that  Congress  form  & recommend  a Navigation 
Act  to  the  States,  to  continue  in  force  for  a limited 
time.  What  will  be  done  ultimately  in  this  business  is 
incertain.  The  report  also  upon  the  instructions  hath 
been  before  Congress,  and  is  referr’d  to  the  considera- 
tion of  someday  next  week.  It  will  most  probably  be 
adopted.  I have  it  in  contemplation  after  a few  weeks 
to  sit  out  for  the  Ohio  to  attend  the  treaty  above  men- 
tion’d. This  will  complete  my  tour  thro’  the  western 
country.  I hope  you  have  recover’d  your  health.  Short 
also  is  I hope  in  good  health  & Miss  Patsy.  I am 
sorry  to  request  you  to  inform  Ml;  Mazzei  that  I have 
heard  nothing  from  those  he  left  in  pursuit  of  the 
money  he  lost.  I fear  it  hath  not  been  found.  I am 
with  great  respect  and  esteem  y^  friend  & servant 

Ja?  Monroe. 

P.S.  Don  diego  de  Gardoqui  hath  been  presented  to 
Congress.  He  produc’d  a letter  from  the  King  with 


1785]  JAMES  MONEOE. 


full  powers  to  treat  upon  the  subjects  arising  between 
us,  yet  his  stile  is  Encargado  de  Negocios.  We  have 
had  some  difficulty  in  regulating  the  etiquette  respect- 
ing him.  Whether  to  consider  him  as  a minister  or 
Encargado  de  Negocios,  Charge  des  Affi®,  and  to  avoid 
giving  offence  we  have  us’d  the  terms  us’d  by  his 
Master.  We  hope  it  will  have  the  desir’d  effect.  A 
letter  from  the  King  with  full  powers  I sho?  suppose 
constituted  the  minister,  be  the  term  or  stile  what  it 
may. 


TO  JAMES  MADISON. 

New  York,  July  26,  17S5. 

Dear  Sir, — Since  my  last  a report  proposing  a 
change  in  the  first  paragraph  of  the  9^^  of  the  Articles 
of  confederation  hath  been  taken  up  & acted  on  two 
days  in  a committee  of  the  whole.  It  proposes  to  in- 
vest Congress  with  power  to  regulate  trade  externally 
& internally.  Those  in  favor  of  it  were  of  opinion 
that  the  exercise  of  this  power  in  the  hands  of  each 
State,  wo^  be  less  advantageous  to  its  particular  inter- 
ests, than  in  those  of  the  U nion,  because  if  in  the  regu- 
lation of  trade  it  was  sought,  i.  to  encourage  domestic 
industry  in  any  line,  by  a tax  upon  foreign,  which 
however  remote  at  present  may  here  after  be  the  case. 

2.  if  to  obtain  reciprocity  in  its  commercial  intercourse 
with  foreign  nations,  either  with  or  without  treaties. 

3.  if  to  establish  a commercial  interest  within,  in  con- 
tradistinction to  a foreign  one,  and  thereby  keep  its 
councils  independent  of  foreign  influence.  4.  or  to  raise 


98 


THE  WRITINGS  OF 


[1785 


a naval  strength  for  the  publick  safety.  All  these 
ends  might  be  obtained  more  effectually  by  the  exer- 
cise of  the  power  in  the  hands  of  the  Union  than  of 
each  State.  For  unless  they  act  in  concert  in  every 
instance  instead  of  counteracting  the  regulations  of 
other  powers,  they  will  become  instrumental  in  their 
hands  to  impede  & defeat  those  of  each  other ; that 
there  was  but  one  alternative  either  to  act  together  or 
against  each  other,  that  the  latter  plan  establish’d 
deep-rooted  jealousies  & enmities  between  them,  at 
the  same  time  that  it  wo?  be  unsuccessful!,  greater 
under  its  operation  for  any  length  of  time  than  they 
wo?  have  against  other  powers,  since  being  more  con- 
venient & better  able  to  frustrate  each  others  meas- 
ures, their  restrictions  must  be  more  severe  and 
pointed  agfist  each  other  than  aghst  other  powers. 
That  such  a course  tended  to  throw  them  apart  & 
weaken  the  present  rights  of  the  confederacy.  That 
their  interests  were  nearly  similar  being  all  exporting 
& importing  States — that  it  was  of  little  consequence 
whether  they  exported  the  same  or  different  materials, 
since  the  restrictions  which  tended  to  restrain  expor- 
tation, wo?  injure  the  whole,  & they  were  all  equally 
interested  in  getting  their  admission  upon  the  best 
terms  into  the  ports  of  foreign  powers.  That  they 
imported  nearly  the  same  materials  & of  course  had 
the  same  interest  in  that  line.  That  if  there  were 
different  interests  in  every  instance  the  restriction  of 
every  measure  to  11.  States,  the  number  propos’d, 
with  the  revenue  to  each  State  wo?  form  a sufficient 
security.  On  the  other  side  it  was  argued  i.  that  it 


1785]  JAMES  MONROE. 


was  dangerous  to  concentrate  power,  since  it  might 
be  turn’d  to  mischievous  purposes  ; that  independent 
of  the  immediate  danger  of  intoxication  in  those  en- 
trusted with  it,  & their  attempts  on  the  government, 
it  put  us  more  in  the  power  of  other  nations.  2. 
That  the  interests  of  the  different  parts  of  the  Union 
were  different  from  each  other,  & that  the  regulations 
which  suited  the  one  would  not  the  other  part.  That 
8.  States  were  of  a particular  interest  whose  business 
it  wo^^  be  to  combine  to  shackle  & fetter  the  others. 
3.  That  all  attacks  upon  the  confederation  were  dan- 
gerous & calculated  even  if  they  did  not  succeed  to 
weaken  it.  These  I think  were  the  principal  argu- 
ments on  either  side,  tho’  they  were  carried  out  into 
great  extent.  I think  Col?  Grayson  inform’d  me  some 
time  since  he  had  transmitted  to  you  the  report,  other- 
wise I sho?  now  do  it.  I wish  very  much  your 
sentiments  on  the  subject.  By  the  packet  we  are 
inform’d  that  Mr.  Adams  had  arriv’d  in  London,  been 
presented  to  the  King  & well  receiv’d.  The  cere- 
monial had  only  taken  place  when  his  dispatches  were 
forwarded,  so  that  he  had  not  proceeded  to  business. 
M?  Gardoqui  is  here  ; Congress  have  authoriz’d  the 
Secretary  for  foreign  aff'i^  to  treat  with  him  upon  the 
subject  of  his  mission.  I am,  etc. 

Ja?  Monroe. 

P.S.  I enclose  you  a treatise  of  Mf  Mazzei  in  favor 
of  the  port  bill  in  Italian.  I promis’d  him  to  attempt 
a translation  of  it  but  really  I distrust  my  knowledge 
of  the  language  too  much  to  attempt  it  provided  I 
had  leisure,  which  is  not  the  case ; he  undertook  it 


lOO 


THE  WRITINGS  OF  [1785 


upon  the  desire  of  Col?  Innes  for  whom  principally 
the  translation  is  intended.  By  committing  it  to  you 
I trust  to  promote  his  views  more  than  I shall  other- 
wise have  it  in  my  power  to  do. 


TO  JAMES  MADISON. 

N.  York,  August  14‘J,  1785. 

Dear  Sir, — Yours  of  the  28‘^  of  July  I receiv’d  by 
the  last  post.  The  rout  from  hence  to  Boston  may 
be  effected  by  stage  in  5 days,  to  lake  George  in  the 
same  time,  thence  to  St.  Johns  in  three  perhaps  less. 
To  Montreal  one,  & thence  to  Quebec  in  two,  but  in 
the  latter  instance  it  must  be  posted.  In  either  rout 
you  will  have  no  difficulty,  for  the  boats  and  stages  are 
under  good  regulation.  I have  been  in  doubt  for 
some  time  which  to  prefer,  the  trip  to  Boston  or  the 
Indian  treaty  (having  gratified  my  curiosity  as  to 
Canada)  & have  at  length  given  way  to  the  circum- 
stances which  urge  in  favor  of  the  latter,  viz  : the  se- 
curity & facility  of  travelling  with  the  Com''?,  an 
opportunity  w^  may  not  offer  again  whereas  a trip  to 
Boston  will  be  always  equally  practicable.  It  wo?  give 
me  pleasure  to  meet  you  in  Phil?  but  as  you  delay  y? 
mov’ment  untill  you  hear  from  me,  cannot  expect  it, 
since  I sit  out  hence  on  the  first  of  Sep?  to  join  Genl 
Butler  in  Carlisle.  I shall  return  from  the  treaty  thro’ 
the  wilderness  & see  you  at  Richmond  as  you  will  be 
in  the  Assembly.  By  the  first  of  Sep?  we  expect  the 
most  important  business  will  have  been  decided  on 
ultimately,  or  postpon’d  for  the  Winter.  The  requi- 


1785]  JAMES  MONROE. 


lOI 


sition  will  have  pass’d,  unless  new  difficulties  arise. 
This  subject  hath  been  sifted  thoroughly,  with  the  ad- 
vances of  the  several  States  during  the  contest,  & their 
claims  upon  each  other  under  them  respectively.  We 
cannot  but  lament  that  the  state  of  our  acctf  agnst 
the  Union  is  in  such  a situation  as  to  leave  us  totally 
in  the  dark  with  respect  to  it.  We  have  no  docu- 
ments & have  therefore  only  conjecture  to  build  our 
most  important  measures  on.  Several  men  have  been 
in  pay  for  years  in  Richmond  and  yet  have  reason  to 
believe  they  have  done  little.  Surely  the  state  will 
pursue  the  most  efficatious  measures  upon  this  head 
& no  longer  suffer  her  interests  in  that  line  to  be 
neglected.  Those  states  whose  acctf  are  unsettled  are 
not  only  subjected  to  great  disadvantages  in  the 
requisition  but  are  estimated  as  avoiding  it  designedly 
for  the  purpose  of  evading  the  payment  of  what  they 
owe  to  the  other  states,  having  fail’d  as  they  presume 
to  advance  their  federal  quota.  The  contrary  of  this 
will,  we  suppose  appear  upon  a settlement.  Why  then, 
say  they,  delay  it  ? Does  it  arise  from  our  refusing 
anything  you  ask  to  effect  it,  or  the  negligence  of  your 
government  ? The  report  upon  the  9^^  of  the  articles 
of  confederation  will  not  I believe  be  finally  deter- 
min’d untill  the  Winter.  It  will  however  probably  be 
taken  up  merely  for  the  sake  of  investigation  & to  be 
committed  to  the  journals  for  publick  inspection. 
You  have  I understand  a copy  of  & I wish  much  y. 
sentiments  on  it.  A Navigation  Act  by  recommend- 
ation hath  been  propos’d  in  conversation  & debate 
but  not  submitted  to  the  inspection  & consideration  of 


THE  WRITINGS  OF  [1785 


Congress.  This  is  the  other  plan  & sho?  not  be 
adopted,  but  in  the  ultimate  decision,  that  it  is  im- 
proper the  power  sho^^  rest  in  Congress  : if  this  sho?  be 
the  decision  it  might  be  well  to  collect  better  infor- 
mation from  the  merchants  of  each  State  than  Con- 
gress now  possess  on  the  subject,  indeed  with  or 
without  the  power,  this  information  sho^^  be  obtain’d 
or  we  may  err  in  the  Act.  If  this  report  sho?  be 
adopted  it  gives  a tie  to  the  confederacy  w^  it  hath 
not  at  present  nor  can  have  without  it.  It  gives  the 
States  something  to  act  on,  the  means  by  which  they 
may  bring  ab^  certain  ends — Without  it  God  knows 
what  object  they  have  before  them,  or  how  each  state 
will  move,  so  as  to  move  securely,  with  respect  to  fed- 
eral or  state  objects  a report  revising  the  175.  428. 
438.  508.  430.  589.  386.  296.  430.  331.  233.  170.  75. 
230.  177.  89.  21.  473.  3.  200.  40.  430.  Changing  the 
principle  & substituting  that  of  the  343.  573.  the  297. 
122.  414.  302.  263.  508.  a simple  bargain  with  each 
founded  in  the  nature  573.  386.  249.  31.  618.  184. 
respectively  hath  been  twice  before  Congress  & post- 
pon’d. It  investigates  fully  the  impolicy  of  those 
form’d  on  that  principle,  since  in  the  opinion  of  the 
Committee  they  obtain  nothing  from  the  powers  not 
having  301.  430.  430.  40.  430.  202.  330.  430.  250.  the 
416.  338.  40.  430.  w^  we  may  not  obtain  without  them 
& embarrasses  us  in  any  restrictions  we  may  lay  on 
the  436.  30.  150.  of  those  who  have.  It  being  the 
only  means  by  which  we  are  to  remove  the  restraints 
which  now  exist.  This  alternative  seems  to  obtain 
the  assent  of  Congress  & will  most  probably  be  ac- 


1785]  JAMES  MONROE, 


103 


ceded  to  if  there  will  be  a sufficient  number  of  States 
on  the  ensuing  week.  A 45.  581.  251.  45.  500.  390. 
508.  with  143.  enter’d  into  under  instructions  of  Con- 
gress long  standing  (but  from  w^  the  Secr^  of  f.  aff” 
thinks  there  are  substantial  deviations)  by  314.  150. 
331.  326.  495.  142.  19.  508.  Universally  disapprov’d 
will  most  probably  be  postpon’d  for  the  present.  I 
shall  write  you  again  before  I sit  out  if  any  thing  arises 
worthy  communication.  I am,  Dear  Sir,  yr  friend  and 
servant,  Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

New  York,  August  15‘y  1785, 

Dear  Sir, — I have  had  the  pleasure  to  receive 
yours  by  Mf  Adams  with  the  cypher  accompanying  it 
& am  happy  to  hear  of  the  recovery  of  your  health. 
I have  only  fail’d  writing  you  by  two  of  the  packets 
the  first  of  which  sail’d  before  I had  been  advis’d  she 
wo^^  & the  2^  while  I was  ill  of  a pleurisy  w^  I caught 
by  walking  in  the  rain  to  Congress  & had  like  to  have 
given  me  my  final  repose.  ColP  Smith,  Mr  Mazzei  & 
Macaulay  Graham  have  since  carried  my  letters  to 
you,  or  rather  took  charge  of  them  for  that  purpose. 
In  those  letters  I gave  you  full  information  of  the  pre- 
vious transactions  in  Congress  as  well  as  of  the  im- 
portant business  still  before  us.  It  therefore  now 
remains  to  give  you  the  progress  since  that  time.  The 
report  proposing  to  invest  Congress  with  the  power  to 
regulate  commerce  hath  been  twice  before  Congress 
in  committee  of  the  whole.  It  met  with  no  opponant 


104 


THE  WRITINGS  OF 


[1785 


except  the  president.^  By  this  I do  not  mean  that  there 
were  no  others  oppos’d  to  it,  for  the  contrary  is  the 
case.  They  however  said  but  little  or  rather  com- 
mitted their  side  of  the  question  to  his  care.  In  favor 
of  it  there  were  but  few  speakers  also.  The  committee 
came  to  no  conclusion  but  desir’d  leave  to  sit  again.  A 
second  plan  hath  been  propos’d,  a navign  act  digested 
here  & recommended  to  the  states.  This  hath  not  been 
presented  but  probably  will  be.  One  woJ^  expect  in  a 
particular  quarter  of  the  Union  perfect  concert  in  this 
business.  Yet  this  is  not  altogether  the  case.  The 
2^  plan  above  allud’d  to  takes  its  origin  with  M?  Henry. 
The  Eastern  people  wish  something  more  lasting  & will 
of  course  in  the  first  instance  not  agree  to  it.  They 
must  therefore  come  in  with  that  propos’d  in  the  re- 
port. Y ou  will  ask  me  why  they  hesitate  ? To  be  can- 
did I believe  it  arises  from  the  real  magnitude  of  the 
subject,  for  I have  the  most  confidential  communica- 
tions with  them  & am  satisfied  they  act  ingenuously. 
They  fear  the  consequences  may  possibly  result  from 
it.  The  longer  it  is  delay’d  the  more  certain  is  its  pass- 
age thro’  the  several  States  ultimately.  Their  minds 
will  be  better  inform’d  by  evidences  within  their  views 
of  the  necessity  of  committing  the  power  to  Congress, 
for  the  commerce  of  the  Union  is  daily  declining  ; the 
merchants  of  this  town  own  I am  told  not  more  than 
two  ships.  I wish  much  to  hear  from  you  upon  this 
subject.  I expect  it  will  be  brought  on  again  shortly, 
if  for  the  purpose  only  of  committing  it  to  the  jour- 
nals, it  may  then  be  delay’d  for  some  time  untill  we 

’ Sami  Holten,  of  Mass.,  was  Chairman  of  the  Committee  of  the  Whole. 


1785]  JAMES  MONROE. 


105 


may  obtain  full  information  on  it.  The  report  chang- 
ing the  instructions  for  forming  commercial  treaties 
will  I believe  be  adopted.  It  changes  the  principle 
& puts  an  end  to  that  of  the  right  of  the  most  favor’d 
nation.  The  policy  of  forming  a treaty  with  powers 
not  having  possessions  in  the  U.S.  is  doubted  Since 
from  them  we  can  obtain  as  much  without  as  with  a 
treaty,  and  such  treaties  whether  upon  that  or  any 
other  principle  in  effecting  the  main  object  we  have  in 
view,  the  opening  the  islands  by  treaty  with  those  who 
have  them,  may  embarrass  us.  This  is  conceiv’d  to  be 
the  only  end  w^  can  be  obtain’d  upon  principles  of  ex- 
pedience to  us  by  treaty.  Of  course  that  with  Sweden 
is  unfortunate.  Mf  Adams  seems  to  suppose  the 
principal  object  in  his  mission  to  the  court  of  London 
was  the  formation  of  a treaty  ; but  the  contrary  was 
certainly  the  case  : it  was  merely  to  conciliate  & pre- 
vent a variance  w^  seem’d  to  threaten  at  that  time. 
He  might  however  readily  make  this  mistake  under 
the  present  instructions.  A treaty  is  not  expected  & 
I am  satisfied  the  majority  here  wish  all  propositions 
on  that  head  to  cease,  at  least  for  the  present,  and  un- 
till our  restrictions  on  their  commerce  have  effected  a 
different  disposition.  Mf  Jay  is  authorised  to  treat 
with  Mr  Gardoqui  upon  the  subjects  arising  between 
the  two  parties.  He  is  to  lay  every  proposition  before 
Congress  before  he  enters  into  any  engagement  with 
him.  As  yet  we  have  heard  nothing  from  him.  The 
Consulate  convention  lately  formed  with  France  is 
universally  disapproved.  It  was  formed  under  in- 
structions but  in  the  opinion  of  the  secretary  of  foreign 


io6 

THE  WRITINGS  OF 

[178s 

affairs  hath  been  deviated  from.  I have  not  had  time 
to  examine  it  attentively  so  cannot  decide  as  to  this 
fact.  I shall  sit  out  on  the  first  of  Sepf  for  the  Indian 
treaty  on  the  Ohio  & return  thence  thro'  Virgf,  & pro- 
vided I shall  be  continued  in  Congress,  to  this  place. 
I shall  however  attend  the  foederal  court  for  the  trial 
of  the  controversy  between  Massachusetts  & New 
York  in  Nov!'  so  that  I doubt  whether  I shall  reach 
this  before  Decf  or  Jan?"  next.  The  requisition  will 
pass  I expect  this  week  & most  of  the  important  busi- 
ness remaining  in  a train  for  decision  or  be  postponded 
for  the  winter.  I have  however  no  expectation  that 
Congress  will  adjourn  for  the  present  year.  I intended 
to  have  given  you  something  of  domestic  news  but 
am  inform’d  the  mail  is  just  closing — by  this  however, 
do  not  suppose  that  I have  any  thing  worthy  communi- 
cation for  the  contrary  is  the  case.  I sho!^  be  forc’d 
to  look  about  me  to  find  out  anything  you  wo!^  have 
patience  to  read.  A.  Lee  is  elected  in  the  of  Treas- 
ury— we  were  under  the  necessity  of  having  some  one 
from  the  State  & advocated  his  appointment.  How 
is  Miss  Patsy?  How  is  Short?  How  are  they 
pleas’d  with  France  ? » I must  observe  that  Congress 
seem  to  expect  the  court  of  France  will  send  a Minis- 
ter here.  To  visit  you  wo!^  give  me  infinite  pleasure. 
Whether  I shall  be  able  or  not  depends  on  circum- 
stances. If  I do  it  will  be  in  the  Spring  after  Con- 
gress adjourn  or  at  least  the  most  imports  business  is 
finish’d.  I send  you  the  journals  and  am  dear  Sir 
y!"  affectionate  friend  & servt. 


Ja?  Monroe. 


1785] 


JAMES  MONROE. 


TO  THOMAS  JEFFERSON. 


New  York,  August  25*’’,  1785. 

Dear  Sir, — Since  my  last  nothing  very  material 
hath  taken  place  here.  I leave  this  merely  to  inform 
you  of  my  departure  hence  for  the  Indian  treaty  on 
the  Ohio  will  be  in  ab^  two  hours.  The  two  com- 
mercial propositions  are  as  they  were.  Although 
Congress  will,  I believe,  not  adjourn  yet  I apprehend 
the  business  of  consequence  will  be  postpon’d  for  the 
present,  perhaps  till  the  winter.  There  is  but  a thin 
repres"  of  the  States  & of  course  not  the  ability  if  the 
inclination  to  act  on  these  subjects.  I intend  to  take 
within  my  view  the  country  lying  between  Lake  Erie  & 
the  Ohio,  & the  Potommack  or  Jaf  River,  as  it  may  suit 
me  to  return  by  the  northern  or  southern  part  of  the 
State.  I pass  thro’  Lancaster  & Carlisle  at  the  latter  of 
w^  posts  I join  Gen!  Butler.^  The  people  of  Kentucky 
intend  I hear  to  petition  the  legislature  for  a separa- 
tion. I must  confess,  I am  one  of  those  who  doubt 
the  policy  of  this  measure  (for  I make  no  doubt  it 
will  be  granted)  either  upon  State  or  Federal  princi- 
ples. My  opinion  is  we  co?  so  model  our  regulations 
as  to  accommodate  our  government  to  their  con- 
venience, and  unquestionably  the  more  we  diminish 
the  State,  the  less  consequence  she  will  have  in  the 
Union.  On  the  part  of  the  U nion  or  rather  the  States 
upon  the  Atlantic,  it  is,  in  my  opinion,  ^their  policy  to 
keep  a prevailing  influence  upon  the  Ohio,  or  to  the 

' One  of  the  commissioners  to  treat  with  the  Indians.  The  others  were 
George  Rogers  Clarke,  Philip  Schuyler,  Samuel  Holden  Parsons,  and  Robert 
Howe. 


io8 


THE  WRITINGS  OF 


[1785 


westward.  What  unites  us  to  them,  or  rather  them  to 
us  when  the  Missi'pi  shall  be  open,  remov’d  at  a dis- 
tance from  whatever  may  effect  us  beyond  the  water 
they  will  necessarily  be  but  little  interested  in  what- 
ever respects  us  ; beside  they  will  outnumber  us  in 
Congress  unless  we  confine  their  number  as  much  as 
possible.  In  my  opinion  this  matter  sho?  be  well  in- 
vestigated before  any  measure  is  hastily  adopted.  I 
direct  your  letters  to  be  forwarded  to  me  to  Fredericks- 
burg. So  soon  as  I return  to  the  settled  country  I 
shall  advise  you  of  it  & am  your  affectionate  friend  & 
servant, 

Ja?  Monroe. 


TO  JAMES  MADISON. 

New  York,  Dec!  19,  1785. 

Dear  Sir, — I arriv’d  last  night  & found  only  six 
States  present.  Mr.  Hancock  we  hear  is  on  the  road 
& will  be  with  us  in  a few  days.  He  accepts  the 
chair.  The  conduct  of  the  legislature  in  complying 
with  the  requisition  of  Congress,^  in  the  opinion  of  all 
here,  does  the  highest  honor  to  the  State,  and  at  the 
same  time  that  it  evinces  a regard  for  publick  justice 
& a mind  superior  to  little  resentments,  gives  an  ad- 
ditional assurance  of  the  strength  & permanence  of 
the  federal  government.  We  earnestly  wish  to  have 
the  result  of  the  deliberations  of  the  house  upon  the 
commerc!  propositions.  I find  the  most  enlightened 

‘ Sept.  27,  1785,  Congress  made  a requisition  on  the  States  for  $3,000,000 
for  the  year  1785.  Of  this  amount  Virginia’s  quota  was  $512,974,  which  was 
promptly  appropriated  by  the  legislature  at  its  October  session. 


JAMES  MONROE. 


1785] 


109 


members  here  fully  impress’d  with  the  expediency  of 
putting  an  end  to  the  dismemberment  of  the  old 
States — doubtful  of  the  propriety  of  admitting  a single 
new  one  into  the  Confederacy  & well  inclin’d  to  a re- 
vision of  the  compact  between  the  U.  S.  & Virg!"  re- 
specting the  division  of  the  country  beyond  the  Ohio. 

Jones  s^^  he  w^^  visit  Fredericksburg  before  C/hs. 
I will  write  him  by  the  next  post.  I hope  you  are 
both  well,  & am  very  sincerely,  your  friend  and  servant, 

jAf  Monroe. 


TO  JAMES  MADISON. 

New  York,  Decf  26,  1785. 

Dear  Sir, — Your  favor  of  the  9^^  reach’d  me  a few 
days  since.  Mine  by  the  last  post  advis’d  you  of  my 
arrival  here  ; still  I am  without  a colleague  and  the 
representation  of  the  States,  the  same.  I am  perfectly 
satisfied  that  the  more  fully  the  subject  is  investigated, 
and  the  better  the  interests  of  the  States  severally  are 
understood,  the  more  obvious  will  appear  the  neces- 
sity of  committing  to  the  U.  S.  permanently  the  power 
of  regulating  their  trade.  Whether  it  will  be  expedient 
to  accept  it  for  a limited  time  only  it  is  difficult  to  de- 
termine. If  it  is  expedient  for  a day,  while  the  states 
bear  the  relation  they  now  do  to  each  other  & to  other 
powers,  or  rather  while  they  adjoin  each  other  & are 
bounded  by  the  ocean,  it  will  still  be  so.  Whether  then 
will  it  be  expedient  to  avail  ourselves  of  the  present 
disposition  so  far  only  as  to  try  an  experiment,  the 
success  of  w^,  as  such,  must  depend  upon  a variety  of 
circumstances,  or  to  delay  any  remedy  until  under  the 


THE  WRITINGS  OF  [1785 


pressure  of  the  present  difficulties  it  may  be  made 
complete  ? As  an  experiment  in  what  light  will  it  be 
conceiv’d  & how  treated  by  foreign  powers  ? Will  they 
not  all  wish  to  defeat  it  and  of  course  avoid  those  stipu- 
lations in  our  favor  w^  may  hereafter  furnish  argu- 
ments for  its  renewal?  We  may  with  propriety  also 
take  into  the  consideration  the  diversity  of  interest  w^ 
will  arise  in  the  admission  of  western  states  into  the 
Confederacy.  In  a gov^  also  so  fluctuating  there  will 
never  be  energy  or  calculation  on  it  either  at  home  or 
abroad,  every  thing  will  be  in  a state  of  incertainty. 
The  states  severally  will  be  at  a loss  how  to  act  under 
it,  (in  their  respective  delegations)  ; they  will  fear  to 
take  those  decisive  measures  with  respect  to  other 
powers,  w^  might  be  necessary,  least  their  vigorous 
operation  may  prevent  its  renewal — but  whether  these 
or  any  other  considerations,  may  be  of  sufficient  weight 
to  induce  us  to  seek  only  a permanent  change,  is  what 

I have  not  absolutely  determined  on.  I beg  of  you 
to  give  me  your  sentiments  thereon  as  well  as  on  the 
course  you  think  I may  with  propriety  take  here, 
provided  the  state  sho'l  confide  it  only  for  a limited 
time.  Some  despatches  have  lately  been  rec'l  from 
94.  70.  430.  They  are  as  we  expected  they  w*!  be. 
385  admits  that  the  440.  139.  300.  497.  350.  573.  432. 
40.  330.  40.  289.  40.  430  is  a 475.  300.  221.  508.  573. 
432.  40.,  that  when  the  462.  230.  10.  17.  is  3.  430.  20. 

I I 7.  483.  175.  30.  they  must  587.  931.  358.  That  they 
will  take  up  the  subject  of  432.  40.  301.  409.  430.  with 
that  of  the  30.  40.  10.  400.  430.  Yet  he  says  that  the 
415.  350.  263.  508  are  213.  541.  409.  589.  500.  430. 


JAMES  MONROE. 


1785] 


III 


That  they  will  give  us  no  75.  230.  117.  89.  21.  453.  3. 
495.  That  they  have  sent  303.  279.  440.  200.  202. 
166.  330.  348.  330.  for  19.  263.  1 14.  with  203.  440.  209. 
97.  198.  589.  350.  430.  &c. 

This  is  the  am!^  of  what  we  have,  nor  can  I well  de- 
termine how  you  sho"!  act  under  it.  If  it  be  practica- 
ble to  carry  into  effect  a complete  complyance  on  our 
part,  let  their  conduct  be  as  it  may,  1 sho"!  not  hesitate 
to  adopt  it.  But  if  this  is  not  the  case,  I cannot  well 
conceive  the  advantage  of  a partial  complyance,  or  the 
paym^  by  instalment,  as  hath  been  heretofore  propos’d. 
If  they  mean  to  quarrell  their  ground  for  it  will  be 
equally  justifiable,  in  that  instance,  as  in  an  absolute 
failure.  And  if  the  end  we  seek,  is  to  be  obtain’d  by 
further  negotiation,  or  by  bargain  of  one  for  the  other, 
by  this  measure  we  lose  the  consideration  we  sho^l  have 
to  give  for  it.  In  all  the  measures  of  this  country^ 
toward  us  we  perceive  not  only  the  utmost  vigilance 
& attention  to  their  own  interest  in  opposition  to  ours, 
but  a disposition  to  seek  opportunities  to  injure  us. 
They  restrict  us  most  severely  in  commerce,  give  land, 
& provisions  to  our  fishermen  to  settle  within  their 
bounds,  and  we  have  too  much  reason  to  suspect  that 
they  encourage  the  Algerines  to  attack  us.  In  this 
situation  to  whom  may  we  look  for  assistance  even 
against  these  pirates.  The  Monopoly  of  the  trade  of 
the  Mediterranean  is  in  the  hands  of  France,  Britain 
the  Netherlands.  Will  they  or  either  of  them,  give 
up  this  advantage,  for  our  convenience  for  nothing? 
Is  it  not  strange  in  this  situation  that  we  sho"!  be  dis- 


^ Great  Britain  ? 


II2 

THE  WRITINGS  OF 

[1786 

puting  whether  we  shall  act  together  or  cement  and 
strengthen  the  union. 

There  hath  been  a newspaper  controversy  here  be- 
tween Jay  & My  Littlepage  of  our  State,  upon 
some  subject  of  a private  nature  between  them.  As 
I have  not  read  their  publications  I am  unacquainted 
with  the  merit  of  either  party.  It  is  however  to  be 
lamented  that  My  Jay  enter’d  into  a controversy  of 
the  kind,  since  his  character  is  too  well  establish’d  to 
be  call’d  in  question  upon  any  unimportant  or  trivial 
occasion.  Be  so  kind  as  give  no  intimation  to  any 
one  except  My  Jones  of  the  contents  of  what  I have 
wrote  you  in  cypher.  I am,  etc. 

Ja?  Monroe. 

P.S.  Is  the  revenue  law  in  any  respect  chang’d  ? — Are 
the  facilities  of  other  states  admissible  in  payment  of 
taxes,  or  rather  is  it  accommodated  to  all  the  purposes 
of  the  requisitions  ? Our  Ministers  are  taking  meas- 
ures with  the  regencies  of  Algiers  It  is  that 

My  Consul  Barclay,  & My  Lamb  & Majy  Franks  are 
sent  to  these  different  powers  for  this  purpose,  but  the 
latter  I think  is  not  confirm’d  by  our  official  commu- 
nication. 


TO  THOMAS  JEFFERSON. 

New  York,  JanY  19,  1786. 

Dear  Sir, — My  last  advis’d  you  of  my  departure 
hence  on  the  24!:^  of  August  last  for  the  westw^^  with 
the  intention  to  take  a view  of  the  Indian  treaty  to  be 
held  at  the  mouth  of  the  big  Miami,  and  of  the  coun- 
try lying  between  lake  Erie,  and  the  head  waters  of 


1786]  JAMES  MONROE. 


the  James  or  Potoml"  rivers,  with  those  w^  empty  from 
either  side  into  the  Ohio.  Thence  to  attend  the  federal 
court  ^ on  the  15'".^  of  Novf  at  W^^burg,  but  the  dan- 
ger from  the  Indians  made  it  imprudent  for  me  to 
pass  the  river,  and  the  delay  at  fort  Pitt,  and  upon 
the  Ohio,  the  water  being  low,  consum’d  so  much  of 
the  time  allotted  for  this  excursion,  that  I was  forc’d 
to  leave  the  Commiss’'.®  at  limestone  and  take  my 
course  directly  thro’  the  Kentucky  settlements  & the 
wilderness  to  Richmond,  so  that  I was  neither  grat- 
ified with  a view  of  the  treaty,  or  to  such  a degree 
with  that  of  the  country  as  I had  propos’d.  I arrived 
at  Richmond  on  the  I4^^  of  NovT  & found  there  letters 
for  me  from  the  agents  of  the  two  States  with  advice 
that  the  session  of  the  c^  had  been  deferr’d.  I there- 
fore prepar’d  as  soon  as  possible  to  sit  out  for  this 
place  & arriv’d  on  the  18.  of  DecK  I found  in  Vir- 
ginia & in  this  town  letters  from  you  of  17.  of  June, 
the  5.  & 12.  of  July,  & have  since  had  the  pleasure  to 
receive  that  addressed  by  Mf  Franklin  of  the  4^^  from 
himself.  He  was  here  a few  days  since  upon  some 
private  business  & was  so  kind  as  to  favor  me  fre- 
quently with  his  company.  I have  also  been  much 
pleas’d  with  an  acquaintance  with  Mr  Otto.  He  hath 
made  an  impression  here  very  flattering  to  himself  & 
favorable  to  the  idea  you  entertain  of  him.  It  hath 
been  matter  of  great  surprise  & concern  here  that 
the  dispatches  respecting  the  barbary  powers  shol 

' The  Court  organized  to  determine  the  territorial  controversy  between 
Massachusetts  and  New  York,  of  which  Monroe  was  a Commissioner  at  that 
time. 

VOL.  I. — 8 


THE  WRITINGS  OF  [1786 


have  been  so  long  in  reaching  you.  This  Mf  Lambe 
was  presented  to  some  of  the  gentlemen  in  Congress, 
by  the  late  president  Huntington.  At  that  time  it 
was  propos’d,  & for  w^  purpose  a report  was  brought 
in  to  carry  on  these  treaties  immediately  from  the 
U.  S.  & to  appoint  the  persons  & despatch  them 
hence  to  fit  out  the  Alliance,  load  her  with  naval 
stores  & present  her  to  the  Emperor.  By  this  pro- 
cedure it  was  presum’d  we  might,  by  telling  these 
Powers  that  we  were  as  yet  unacquainted  with  them 
or  their  wants,  succeed  better  than  even  under  the 
mediation  of  France.  And  the  secretary  of  foreign 
affairs  having  reported  that  this  man  was  fit  for  the 
negotiation  the  com"^.®  advised  that  he  be  employed, 
but  it  was  rejected.  We  have  since  heard  that  he  was 
from  his  station  in  life  & probable  talents,  by  no 
means  worthy  such  a trust.  We  have  lately  heard 
from  Mr  Adams  that  Mr  Barclay  with  Frankes  are 
sent  to  the  Emperor  & that  Mr  Lambe  & a Mr  Ran- 
dall to  Algiers.  These  pirates  have  already  made  a 
a great  impression  upon  our  trade  and  unless  these 
negocen?  prove  successful  will  materially  injure  it. 
I am  happy  to  receive  yr  sentiments  upon  the  subject 
of  commercial  treaties  & will  with  pleasure  communi- 
cate mine  to  you  more  fully  than  I heretofore  have 
done.  With  great  propriety  you  have  in  the  first  in- 
stance taken  it  up  with  reference  to  the  powers  of 
Congress,  for  upon  those  does  the  whole  depend,  and 
I intirely  agree  with  you  that  they  have  no  original 
inherent  jurisdiction  over  the  commerce  of  the  states, 
and  that  it  commences  & can  be  exercis’d  only  by 


1786]  JAMES  MONROE. 


treaties  with  other  nations  ; how  then  will  this  circum- 
stance affect  us  ? When  we  propose  to  them  to  form 
treaties  they  will  enquire  do  we  labor  under  any 
inconveniences  w^  thereby  we  can  remove  ; they  will 
examine  their  situation  in  our  ports  to  ascertain 
whether  treaties  can  obtain,  fairer  or  more  equal 
terms  to  them,  are  these  temporary  or  so  founded  in 
the  nature  of  their  government  that  they  will  be  per- 
petual ? If  then  it  shall  appear  that  we  can  give  them 
nothing  they  do  not  at  present  enjoy,  and  that  we  can- 
not deprive  them  of  these  advantages,  I think  it  will 
follow  they  will  lay  themselves  under  no  restriction  it 
wo^^  not  otherwise  be  their  interest  to  do.  To  obtain 
reciprocal  advantage  then  cannot  possibly  be  the  ob- 
ject with  other  powers  in  treating  with  us,  for  more 
than  this  they  now  possess.  But  nations  are  often 
benefited  as  much  by  obtaining  restrictions  upon 
others  in  the  ports  of  a particular  one  which  do  not 
apply  to  themselves,  as  by  particular  stipulations  in 
their  own  favor.  And  upon  this  principle  treaties  are 
some  times  form’d  as  was  the  case  in  that  between 
Britain  & Portugal.  How  stand  the  powers  of  the 
Union  and  how  their  interests  with  respect  to  a treaty 
of  this  kind  ? For  instance  can  they  stipulate  with 
France  that  British  goods  shall  pay  ten  per  cent 
higher  duties  here  than  those  of  France  in  considera- 
tion for  a free  trade  with  her  islands.  This  certainly 
does  not  come  within  the  provisos  contain’d  in  the 
Confed”  and  is  of  course  within  the  powers  of  Con- 
gress nor  have  I any  doubt  of  its  expedience,  if  it  co^l 
be  obtain’d.  Treaties  of  this  kind  wo'l  be  more  favor- 


ii6 

THE  WRITINGS  OF 

[1786 

able  to  us  and  successful,  as  to  the  particular  objects 
it  might  seek,  than  an  entire  prohibition  of  commerce 
with  the  powers  with  whom  we  have  none.  By  seeking 
this  power  it  wo^  seem  as  if  we  were  satisfied  with  our 
situation  with  those  with  whom  we  have  treaties.  That 
those  with  whom  we  have  not  were  culprit  nations  & 
that  we  wo^l  exercise  it  immediately  on  them.  If  then 
we  are  dissatisfied  with  our  treaties  with  France  & the 
Netherlands  this  right  of  prohibition  can  never  avail 
us  with  respect  to  them.  And  in  its  exercise  upon  other 
powers  it  may  give  a dangerous  shock  to  our  com- 
merce & a monopoly  of  it  to  other  powers.  And  if 
holding  the  power  we  proceeded  wisely  with  it  & 
endeavor’d  to  turn  it  to  the  best  acc^  we  col  and  to 
make  it  a condition  with  France  that  we  wo'^  put  it  in 
force  against  her  for  such  or  such  other  considera- 
tions, yet  co^l  we  not  obtain  the  same  ends  for  less 
expence  ; for  instance  for  the  imposition  of  ten  per  cent 
upon  her  commerce.  Every  expedient  is  unquestion- 
ably inferior  to  the  complete  & absolute  controul  over 
commerce  in  the  hands  of  the  U.  S.  But  this  plan 
of  a treaty  appears  to  me  to  be  a better  succedaneum 
for  the  defect  than  any  other  I have  heard,  since  it 
creates  the  restriction  we  w"!  wish  to  effect  upon  the 
offending  nation  and  brings  us  at  the  same  time  upon 
the  ocean  as  a commercial  people.  They  might  be 
of  short  duration.  Those  treaties  w^  stipulate  to  each 
other  the  rights  of  the  most  favoured  nation  obtain 
none  of  these  ends  and  appear  to  me  to  fetter  us  as  to 
the  powers  with  whom  they  are  made.  It  fetters  us 
as  to  the  imposition  of  higher  duties  on  them  than  we 


1786]  JAMES  MONROE.  117 


impose  on  others  or  subjects  us  to  a variance,  while  it 
admits  on  their  part  of  a constant  deviation  from  the 
spirit  of  the  treaty  by  the  explication  it  authorizes 
them  to  make  of  the  compensation.  Nothing  hath 
been  done  on  this  subject  since  my  last.  In  my  next 
I may  add  something  further  on  it.  The  commission 
will  expire  soon  but  as  an  other  may  be  given  or  instruc- 
tions form’d  respecting  it  I beg  you  to  give  me  further 
y^  sentiments  on  it.  My  several  routs  westw*!  with 
the  knowledge  of  the  country  I have  thereby  obtain’d, 
have  impress’d  me  fully  with  a conviction  of  the  im- 
policy of  our  measures  respecting  it.  I speak  not  in 
this  instance  of  the  ordinance  for  the  survey  and  dis- 
posal of  it,  but  of  those  w^  became  necessary  & were 
founded  upon  the  act  of  cession  from  the  State  of 
Virg^.  I am  clearly  of  opinion  that  to  many  of  the 
most  important  objects  of  a federal  government  their 
interests,  if  not  oppos’d  will  be  but  little  connected 
with  ours  ; instead  of  weakening  theirs  & making  it 
subservient  to  our  purposes  we  have  given  it  all  the 
possible  strength  we  col  ; weaken  it  we  might  also 
and  at  the  same  time  (I  mean  by  reducing  the  num- 
ber of  the  States)  render  them  substantial  service.  A 
•great  part  of  the  territory  is  miserably  poor,  espe- 
cially that  near  lakes  Michigan  & Erie  & that  upon 
the  Mississippi  & the  Illinois  consists  of  extensive 
plains  w^  have  not  had  from  appearances  & will  not 
have  a single  bush  on  them,  for  ages.  The  districts 
therefore  within  w^.  these  fall  will  perhaps  never  con- 
tain a sufficient  number  of  Inhabitants  to  entitle  them 
to  membership  in  the  confederacy,  and  in  the  mean 


II8 

THE  WRITINGS  OF 

[1786 

time,  the  people  who  may  settle  within  them  will  be 
gov^l  by  the  resolutions  of  Congress  in  w^  they  will 
not  be  represented.  In  many  instances  I observ’d 
above,  their  interests  will  be  oppos’d  to  ours.  I will 
mention  one  w^  arises  from  their  relative  situation 
to  other  powers.  Their  eastern  frontiers  will  be 
cov"?  from  the  nations  of  Europe  by  the  13.  old  States, 
& I may  say  that  their  Northern  & Southern,  also 
will,  for  no  power  will  march  an  army  to  attack  them 
by  the  Mississippi  or  S^  Lawrence  without  making  a 
powerful  impression  on  these  States  at  the  same  time, 
or  indeed  after  subduing  them  ; In  all  questions  in  w^ 
we  were  parties,  the  attack  wo?  be  on  us  ; upon  us  there- 
fore wo?  the  burden  & event  of  the  contest  depend, 
& we  must  be  parties  in  all  cases  while  they  are  of 
the  Confederacy.  The  tendency  w?  at  present  pre- 
vails for  a dismemberment  of  the  old  States  not  only 
increases  their  strength  but  will  also  add  to  the  diver- 
sity of  interest.  At  the  instance  of  which  of  the  states 
hath  the  right  to  the  navigation  of  the  Mississippi 
been  carried  thus  far,  and  if  you  lop  off  the  western 
parts  of  those  states  by  whom  it  was  brought  about 
will  you  not  necessarily  withdravv/'  them  from  that  pur- 
suit ? Whatever  shall  be  done  or  attempted  on  this 
subject  I will  transmit  you.  The  subject  of  the  mint 
was  taken  up  last  summer  & determin’d  that  the  unit 
sho?  be  a dok.  It  was  afterwards  postpon’d.  It  will  be 
taken  up  ag"  so  soon  as  we  have  9 or  ten  States  (for 
at  present  we  have  but  7.).  The  proposition  for 
recommending  it  to  the  states  to  vest  the  U.  S.  to 
regulate  their  trade  is  still  before  Congress.  What 


1786] 


JAMES  MONROE. 


119 


will  be  its  fate  is  incertainty.  Accept  my  acknowl- 
edgements for  yf  book  w^  I have  read  with  great 
pleasure  & improvement  & be  assur’d  I will  keep  it  as 
private  as  you  might  wish,  until  you  shall  consent  to 
its  publication  w^  I hope  will  be  the  case.^  I sho^l  sup-  [ 
pose  the  observations  you  have  made  on  the  subject^ 
you  allude  to  w'l  have  a very  favorable  effect,  since 
no  consideration  w^  induce  them  but  a love  for  the 
rights  of  man  & for  your  country.  Whether  I shaUj 
be  able  to  visit  you  is  still  doubtful.  My  dependence 
is  almost  altogether  on  the  bar — by  my  late  absence  I 
have  left  the  door  open  to  others,  the  sooner  I there- 
fore return  to  it  the  better  it  will  be  for  me.  I feel 
myself  returning  to  the  same  train  of  thoughts  upon 
this  subject  as  when  I had  finish’d  my  studies.  I am 
thinking  of  settling  at  Richmond,  building  an  house, 
8E.,  Will  you  be  so  kind  as  transmit  me  a plan — 
suppose  the  house  when  finish’d  to  cost  3.  or  4000 
dol”  (a  part  to  be  finish’d  only  at  first).  I shall  I 
believe  commence  it  as  soon  as  I receive  it.  Be  as- 
sur’d I will  attend  to  those  circumstances  w^  you  men- 
tion of  a private  nature  so  soon  as  we  shall  have  a 
sufficient  number  of  States  to  do  it  with  effect.  This 
must  be  shortly.  If  I shall  have  time  before  the 
packet  sails,  I shall  write  Mf  Short,  if  however  I sho? 
fail  you  will  make  my  apology.  Of  the  death  of  our 
worthy  friend  Mr  Hardy  ^ you  have  heard.  He  had 
been  indisposed  of  a bilious  complaint  w^  had  been 

* Notes  on  Virginia^  a copy  of  which  Jefferson  had  sent  Monroe,  with  an 
injunction  of  secrecy. 

* Slavery. 

® One  of  Monroe’s  colleagues  in  the  Virginia  delegation. 


120 


THE  WRITINGS  OF 


[1786 


badly  cur’d  & weaken’d  thereby  his  system  to  such  a 
degree  as  to  have  fail’d  under  the  fatigue  of  a ride  to 
Kings  bridge.  A vein  broke  or  some  vessel  within 
him — wh*^  ultimately  carried  him  off.  His  loss  to  me 
is  considerable  not  only  as  a person  with  whom  I 
sho4  been  happy  to  have  liv’d  in  intimacy  hereafter, 
but  in  the  delegation,  more  especially  as  I am  unac- 
quainted with  those  added  to  it,  Cob  Carrington  & 
Henry  Lee  of  the  horse.  Mf  Gerry  is  lately  married 
to  a Miss  Thomson  of  this  city — a polite  and  amiable 
woman  ab'.  22.  years  of  age.  I am  with  my  best 
wishes  for  yf  health  & happiness  yf  affectionate  friend 
& servant 


Ja?  Monroe. 


TO  JAMES  MADISON. 

New  York,  Feby.  9,  1786. 

Dear  Sir, — I have  rec?  yours  of  the  day  subsequent 
to  the  adjournment  of  the  Assembly.  Since  my  last 
the  subject  of  the  impost  has  been  taken  up,  a report 
made  on  it  some  time  last  year  was  recommitted  & a 
report  being  brought  in  to  the  following  effect,  viz  : 
that  it  be  earnestly  recommended  to  the  States  of 
New  York  & Georgia,  the  only  States,  who  have  fail’d 
in  some  degree  or  other  to  comply  with  the  recom- 
mendation of  the  1 8b  of  April  1783,  to  take  into  their 
immediate  consideration,  especially  that  part  wl^  re- 
spects the  impost,  & to  comply  with  the  same  stating 
further  that  the  plans  authoriz’d  by  the  confederation 
have  fail’d,  or  are  highly  inexpedient,  viz  : requisi- 
tions, loans,  or  emissions  of  paper  bills  of  credit.  It 


1786]  JAMES  MONROE, 


I2I 


implies  a relinquishment  of  the  supplementary  funds, 
and  admits  the  necessity  of  a further  reference  to  the 
States  and  especially  R.  I.  to  extend  their  powers 
upon  that  subject  so  as  to  come  up  to  the  recom- 
mendation. Being  taken  up  it  was  delay’d  & pro- 
tracted by  its  advocates,  particularly  Mr  Pinckney  & 
ultimately  (there  being  but  7 States  present  for  it) 
postpon’d  to  take  up  a motion  of  his  own,  to  the  same 
effect,  but  in  different  language ; this  is  now  under 
consideration  & will  probably  pass  today.  This  sub- 
ject hath  imploy’d  Congress  for  several  days,  so  that 
nothing  else  hath  been  before  them  since  the  arrival 
of  M.  Lee. 

I have  confer’d  with  Mr  Scott  upon  the  subject  of 
his  lands  upon  the  Mohawk  river.  I enclose  you  a 
draft  of  a patent  in  w^  he  owns  an  undivided  right  to 
about  8000  acres — he  wishes  to  sell — his  terms  are, 
in  short  payments,  by  he  means  abr  one  third  im- 
mediately & the  other  two  thirds  in  annual  payments 
20.  S.  New  York  currency — I have  heard  that  similar 
lands  may  be  obtain’d  still  cheaper,  even  of  the  same 
tract — but  of  this  I am  not  yet  ascertain’d — I believe 
it  will  make  no  difference  as  to  the  quantity  in  the 
price.  He  has  he  says  given  orders  to  his  agents  to  dis- 
pose of  none  until  I hear  from  you.  If  you  are  in- 
clin’d to  purchase  & can  spare  the  time  I think  you 
had  better  come  here,  since  perhaps  you  wo^^  be  able 
to  make  a better  bargain  than  any  of  y^  friends.  He 
says  he  will  have  the  land  divided  & sell  if  you  prefer 
tracts  ascertain’d  ; but  I understand  this  wo^^  in  case 
you  had  yf  election,  raise  a few  shillings  the  price.  If 


THE  WRITINGS  OF  [1786 


you  sho?  decline  coming  I need  not  inform  you  that 
you  may  command  to  any  purpose  you  may  please  any 
services  I can  render  you.  In  this  instance  you  had 
better  associate  with  me,  Col?  Grayson,  who  will 
probably  be  here  in  a few  days. 

yrf  affcy. 

jAf  Monroe. 


TO  JAMES  MADISON. 

New  York,  Feby.  ii,  1786. 

Dear  Sir, — In  my  last  I mention’d  to  you,  the  sub- 
ject of  the  impost  was  reviv’d  & that  a report  of  a 
committee  had  given  place  to  a motion  of  M?  Pinck- 
ney, the  latter  being  still  before  the  house  ; the  report, 
and  motion  with  a report  from  the  of  treasury  to 
the  same  effect  have  since  been  committed,  in  which 
state  the  business  now  lies.  I inclose  you  a paper 
containing  the  report.^  It  is  doubted  whether  in  any 
event  this  State  will  adopt  it.  Those  members  elected 
in  opposition  to  such  as  were  turn’d  out,  for  their  op- 

’ This  report — from  a committee  consisting  of  Mr.  King,  Mr.  Pinckney,  Mr. 
Kean,  Mr.  Monroe,  and  Mr.  Pettit — was  adopted  February  15,  1786,  and  Con- 
gress on  the  same  day  passed  the  following  resolutions. 

“ Resolved — That  the  requisitions  of  Congress  of  the  27**^  of  April  1784,  and 
the  27^**  of  Sept.  1785,  cannot  be  considered  as  the  establishment  of  a system 
of  general  revenue,  in  opposition  to  that  recommended  to  the  several  States 
by  the  resolves  of  Congress  of  the  18*  of  April  1783. 

Resolved — That  the  resolves  of  Congress  of  the  i8‘’^of  April  1783,  recom- 
mending a system  of  general  revenue,  be  again  presented  to  the  consideration 
of  the  legislature  of  the  several  States,  which  have  not  fully  complied  with  the 
same  : That  it  be  earnestly  recommended  to  the  legislatures  of  New  Hampshire, 
Massachusetts,  Connecticut,  New  Jersey,  Pennsylvania,  Virginia  and  South 
Carolina,  which  have  complied  only  in  part  with  the  said  system,  completely  to 
adopt  the  same  ; and  to  the  legislatures  of  the  States  of  Rhode  Island,  New 


1786]  JAMES  MONROE. 


position  to  this  measure,  have  I hear  modified  their 
sentiments  & act  under  them.  They  are  it  is  said 
possess’d  to  great  amount  (I  mean  the  leaders  of  the 
party)  of  publick  securities  and  doubtful  of  their  pay- 
ment by  federal  exertion,  seem  inclin’d  to  pursue  the 
course  Pen?  latterly  did  & provide  for  it,  by  establish- 
ing State  funds.  The  more  extensive  the  funds  of  the 
State,  & the  more  fully  they  exclude  the  citizens  of 
other  States  & foreigners  from  such  provision,  the 
better  of  course  for  the  party. 

I am,  sincerely  yf  friend  & servant, 

Ja?  Monroe. 

If  you  visit  this  place  shortly  I will  present  you  to 
a young  lady  who  will  be  adopted  a citizen  of  Virg?  in 
the  course  of  this  week. 


TO  JAMES  MADISON. 

New  York,  March  19,  1786. 

Dear  Sir, — I inclose  you  a copy  of  Mr  Jay’s 
publication  of  the  correspondence  between  him  and 

York,  Maryland  and  Georgia,  which  have  not  adopted  the  said  system,  either  in 
whole  or  in  part,  to  pass  laws,  without  further  delay,  in  full  conformity  with 
the  same.  But  as  it  is  highly  necessary  that  every  possible  aid  should  in  the 
most  expeditious  manner  be  obtained  to  the  revenues  of  the  United  States,  it  is 
therefore  recommended  to  the  several  States,  that,  in  adopting  the  said  system, 
they  enable  the  United  States  in  Congress  assembled  to  carry  into  effect  that 
part  which  relates  to  the  impost  so  soon  as  it  shall  be  acceded  to. 

Resolved — That  whilst  Congress  are  denied  the  means  of  satisfying  those  en- 
gagements which  they  have  constitutionally  entered  into  for  the  common  benefit 
of  the  Union,  they  hold  it  their  duty  to  warn  their  constituents  that  the  most 
fatal  evils  will  inevitably  flow  from  a breach  of  public  faith,  pledged  by  solemn 
contract,  and  a violation  of  these  principles  of  justice,  which  are  the  only  solid 
basis  of  the  honor  and  prosperity  of  nations.” — Joitr7ial  of  Congress,  Feb.  15, 
1786. 


124 

IPfE  WRITINGS  OF 

[1786 

M"  Littlepage  revis’d  and  corrected^  It  may  furnish 
some  matter  of  entertainment.  Jersey  having  taken 
into  consideration  the  late  requisition,  the  house  of 
delegates  resolv’d  that  having  enter’d  into  the  con- 
federation upon  terms  highly  disadvantageous  to  that 
state,  from  the  necessity  of  publick  at  the  time, 
and  a confidence  that  those  points  in  which  they  were 
aggriev’d  wo"^  be  remedied  and  finding  this  was  not 
the  case  and  a compact  founded  in  such  unequal 
principles  likely,  by  their  acquiesence  to  be  fetter’d 
on  them,  they  wo^^  not  therefore  comply  with  the  same 
untill  their  grievances  were  redress’d  ; in  the  course 
of  their  reasoning  they  mention  the  failure  of  some 
States  to  comply  with  the  impost  and  seem  to  rest 
themselves  on  that  ground  in  such  manner  as  to  inti- 
mate that  if  they  sho^  comply  their  objections  wo^  be 
mostly  remov’d.  This  resolution  being  brought  be- 
fore Congress  gave  great  uneasiness.  It  is  to  be 
observ’d  that  here  is  no  express  Act  of  Legislature 
but  merely  the  negative  of  a proposition  to  comply 
with  the  requisition  in  the  branch  with  whom  it  sho? 
originate.  They  therefore  are  in  a less  direct  opposition 
to  the  confederation  than  if  it  were  the  Act  of  the 
legislature  ; but  being  in  a high  degree  reprehensible 
Congress  resolv ’d  that  a Committee  be  appointed  to 
attend  the  legislature  & endeavor  to  prevail  upon 
them  to  recind  the  resolution  & accede  to  the  measure. 
The  Committee  were,  Pinckney,  Gorham,  & Grayson  ; 
they  left  us  immediately  & have  not  since  return’d. 


' See  Johnston’s  Correspondence  and  Public  Papers  of  John  fay,  volume  iii. 
page  iSi. 


1786] 


JAMES  MONROE. 


125 


We  have  in  the  papers  an  act  stated  to  be  of  R.  I. 
passing  the  impost  in  the  full  latitude  recommended 
by  Congress — it  is  believed  to  be  the  case — in  that 
event  this  state  (New  York)  will  most  probably  pass 
it  also — It  is  also  s?  that  Georgia  hath  pass’d  it — A 
report  urging  in  very  pointed  terms  a complyance 
with  the  recommendation  for  changing  as  therein 
propos’d  the  8‘^  of  the  articles  of  confederation  is  be- 
fore congress.  It  will  most  probably  pass,  altho’  some 
gent"  in  the  Eastern  States  wo?  willingly  throw  it 
aside.  The  better  dispos’d  & better  informed  are 
aware  of  the  impolicy  of  an  opposition  to  it  even  if 
injurious  to  those  States  (w?  is  not  admitted)  while 
they  seek  a more  important  Alteration  in  the  exten- 
sion of  the  powers  of  Congress  in  the  regulation  of 
trade.  You  will  before  this  have  heard  that  I have  it 
in  my  power  to  make  you  acquainted  with  a lady  of 
this  State  adopted  of  Virgf 

I am  sincerely  y5  fr?  & servant 

Ja®  Monroe. 


TO  THOMAS  JEFFERSON. 

New  York,  May  ii,  1786. 

Dear  Sir, — Since  my  last  I have  rec?  yours  of 
Dec^  I E?  & Jany.  27^^  last.  Untill  lately  we  have  had 
so  thin  a Congress  that  few  acts  of  consequence  have 
pass’d,  a very  pointed  recommendation  to  those  States 
who  have  hitherto  declin’d  to  accede  to  the  recom- 
mend"® respecting  a revenue  system  only  excepted. 
Since  which  R.  Island  & Georgia  have  acceded  to  the 
impost  fully,  so  that  it  now  depends  on  New  York, 


126 


THE  WRITINGS  OF 


[1786 


who  has  also  granted  it  but  under  restrictions  as  to  the 
officers  to  carry  it  into  effect,  & Pen^  & Delaware  who 
have  limited  the  operation  of  that  part  w*^  respects  the 
impost  to  the  adoption  of  the  other  or  supplementary 
funds  by  all  the  States,  having  adopted  both  them- 
selves. I am  inclin’d  to  believe  this  measure  will  pass 
the  Union  in  the  course  of  the  year,  so  as  to  be  carried 
into  operation.  We  have  now  ii.  States  present  & a 
member  from  the  other  two — it  is  expected  we  shall 
have  the  13.  shortly. 

The  Commiss'f  for  treating  with  the  Western  & 
Southern  Indians  have  concluded  treaties  in  both  in- 
stances with  the  principal  tribes  & return’d  a statement 
lately  of  their  proceedings  to  Congress.  The  object 
for  w^  these  commissions  was  instituted  seems  to  be 
now  fully  obtain’d,  and  as  further  managment  of  those 
tribes  so  as  to  regulate  the  trade  & keep  up  a good 
understanding  with  them,  is  to  be  effected  by  some 
permanent  arrangement,  I apprehend  these  commis- 
sions will  be  annull’d  and  such  system  adopted.  The 
subject  is  now  before  a Committee.  In  my  last  I men- 
tioned to  you  that  the  propriety  of  the  acts  of  Congress 
founded  on  the  condition  of  the  acts  of  cession  from 
the  States,  fixing  the  limits  of  the  States  westw?  was 
question’d — a proposition  or  rather  a report  is  before 
Congress  recommending  it  to  Virg^  & Mass  : to  revise 
their  Acts  as  to  that  condition  so  as  to  leave  it  to  the 
U.  S.  to  make  what  division  of  the  same  future  cir- 
cumstances may  make  necessary,  subject  to  this  pro- 
viso, “that  the  s'l  territory  be  divided  into  not  less 
than  two  nor  more  than  five  States.”  The  plan  of  a 


1786]  JAMES  MONROE.  127 


temporary  gov^  to  be  instituted  by  Congress  & pre- 
serv’d over  such  district  untill  they  shall  be  admitted 
into  Congress  is  also  reported.  The  outlines  are  as 
follows.  Congress  are  to  appoint  as  soon  as  any  of 
the  lands  shall  be  sold,  a gov^,  Council,  Judges,  secre- 
tary to  the  Council,  & some  other  officers  ; the  gov"  & 
Council  to  have  certain  powers  untill  they  have  a cer- 
tain number  of  inhabitants,  at  w^  they  are  to  elect 
representatives  to  form  a Genl  Assembly,  to  consist 
of  the  Govr  & Council  & s'!  house  of  representatives. 
It  is  in  effect  to  be  a Colonial  Gov!  similar  to  that 
w^  prevail’d  in  these  States  previous  to  the  revolution, 
with  this  remarkable  & important  difference  that  when 
such  district  shall  contain  the  number  of  the  least 
numerous  of  the  ‘‘  13.  original  States  for  the  time 
being  ” they  shall  be  admitted  into  the  confederacy. 
The  most  important  principles  of  the  Act  at  Ann- 
apolis are  you  observe  preserv’d  in  this  report.  It  is 
generally  approv’d  of  but  has  not  yet  been  taken  up. 
The  treaty  with  Prussia  will  be  shortly  ratified  & 
forwarded  for  exchange.  Upon  the  subject  of  com- 
merce I have  nothing  new  to  give  you.  The  plan  of 
a convention  at  Annapolis  which  I believe  will  be 
carried  into  effect,  has  taken  the  subject  from  before 
Congress.  As  it  originated  with  our  State, ^ we  think 
it  our  duty  to  promote  its  object  by  all  the  means  in 

' The  legislature  of  Virginia  by  a resolution  of  January  21,  1786,  appointed 
Commissioners  “ to  meet  such  Commissioners  as  may  be  appointed  in  the  other 
States  of  the  Union,  at  a time  and  place  to  be  agreed  on,  to  take  into  consid- 
eration the  trade  of  the  United  States  ; to  examine  the  relative  situations  and 
trade  of  said  States  ; to  consider  how  far  a uniform  system  in  their  commercial 
regulations  may  be  necessary  to  their  common  interest  and  their  permanent 
harmony  ; and  to  report  to  the  several  States  such  an  Act,  relative  to  this  great 


128 


THE  WRITINGS  OF 


[1786 


our  power.  Of  its  success  I must  confess  I have  some 
hopes.  The  investigation  of  the  subject  will  always 
be  of  advantage  since  truth  & sound  State  policy  in 
every  instance  will  urge  the  commis"  of  the  power  to 
U.  States.  You  will  be  surpris’d  to  hear  that  I have 
form’d  the  most  interesting  connection  in  human  life, 
with  a young  lady  in  this  town,  as  you  know  my  plan 
was  to  visit  you  before  I settled  myself.  But  having 
form’d  an  attachment  to  this  young  Lady  (a  Miss 
Kortright,  the  daughter  of  a gent"  of  respectable 
character  & connections  in  this  State  tho’  injured  in 
his  fortunes  by  the  late  war)  I have  found  that  I 
must  relinquish  all  other  objects  not  connected  with 
her.  We  were  married  ab^  three  months  since.  I 
remain  here  untill  the  fall  at  w^  time  we  remove  to 
Fredericksb?  in  Virg?  where  I shall  settle  for  the 
present  in  a house  prepar’d  for  me  by  Mf  Jones  to 

object,  as  when  unanimously  ratified  by  them  will  enable  the  United  States  in 
Congress,  effectually  to  provide  for  the  same.” 

In  response  to  this  proposition.  Commissioners  from  five  States  assembled  at 
Annapolis  on  September  i ith  of  that  year.  In  view  of  the  small  number  of  States 
represented,  the  Commissioners  present  declined  to  take  action  on  the  subject, 
but  they  recommended  that  new  Commissioners  be  appointed  from  all  the  States 
with  enlarged  powers,  to  meet  at  Philadelphia  the  second  Monday  in  May  1787 
— “ to  take  into  consideration  the  situation  of  the  United  States  ; to  devise 
such  further  provisions  as  shall  appear  to  them  necessary  to  render  the  Consti- 
tution of  the  Federal  Government  adequate  to  the  exigencies  of  the  Union  ; 
and  to  report  such  an  Act  for  that  purpose,  as,  when  agreed  to  by  them,  and 
afterwards  confirmed  by  the  Legislatures  of  every  State,  will  effectually  provide 
for  the  same.” 

This  recommendation  was  acted  upon  favorably  by  all  the  States  except 
Rhode  Island.  On  May  14th,  1787,  the  day  fixed  for  the  meeting,  only  a mi- 
nority of  the  Commissioners  had  reached  Philadelphia,  but  on  May  24th,  the 
representatives  of  nine  States  being  present,  they  organized  what  is  known  as 
“ The  Constitutional  Convention,”  by  the  unanimous  election  of  George  Wash- 
ington as  President ; and  proceeded  to  frame  the  instrument  subsequently 
adopted  as  The  Constitution  of  the  United  States. 


f 


1786]  JAMBS  MONROE. 


enter  into  the  practice  of  the  law.  I intended  to 
have  made  you  a remittance  by  this  packet  to  replace 
the  money  you  have  advanc’d  for  the  Encyclopedia, 
but  have  been  unable.  I shall  not  neglect  this.  We 
were  unfortunate  in  an  imposition  at  Annapolis — but 
y^f  I hope  ended  there — mine  has  since  been  increas’d. 
A young  Grymes  in  the  most  imminent  distress, 
prevail’d  on  me  lately  to  be  responsible  for  his  pay- 
ment of  50  £ Virg?  currency — he  mov’d  off  & the 
payment  fell  on  me.  I have  since  made  application 
to  his  father  in  Orange  who  I hear  disowns  him  & 
will  have  nothing  to  say  to  his  engagements.  My 
friend  Short  will  I hope  pardon  my  not  writing  him 
at  present — a variety  of  circumstances  have  inter- 
rupted me  for  a few  days  since,  so  as  to  put  it  out  of 
my  power.  If  the  packet  does  not  sail  tonight  I will, 
I observe  that  the  King  of  France  has  issued  an  edict 
to  encourage  his  own  fisheries.  I mention  this  more 
for  the  purpose  of  suggesting  to  you  that  the  event 
has  reach’d  us  circuitously — that  this  circumstance  has 
been  noted  here — there  are  always  some  who  deal  in 
things  of  this  kind  and  although  it  was  no  sooner 
suggested  & that  in  private  than  an  apology  was 
made  for  the  suggestion,  yet  I have  thought  proper 
to  bring  it  to  your  view.  Believe  me  most  sincerely 
your  friend  & servant  Ja?  Monroe. 


TO  RICHARD  HENRY  LEE. 

New  York,  May  24*,  1786. 

Dear  Sir, — I have  no  excuse  for  having  been  so 
indifferent  a correspondent,  except  that  I had  nothing 
to  communicate  to  you,  and  I knew  that  of  this  you 

VOL  1—9 


130 

THE  WRITINGS  OF 

[1786 

were  apprised  by  your  brother,  Colonel  Lee.  Lately 
however  we  have  received  despatches  from  Adams, 
of  a very  interesting  nature.  He  presented  some  time 
about  November  last,  a memorial  to  the  ministry,  re- 
quiring a delivery  of  the  posts,  and  compensation  for 
the  infraction  of  the  treaty  respecting  the  negroes ; 
to  which  he  received  for  answer,  that  it  was  un- 
questionably true,  that  by  the  seventh  article  the 
posts  should  have  been  evacuated  ; but  that  by  the 
fourth  and  ninth  it  was  also  stipulated  that  there 
should  be  no  legal  impediment  in  the  way  of  recovery 
of  British  debts  ; that  these  articles  had  been  violated 
by  almost  every  state  in  the  confederacy.  Lord  Car- 
marthen enumerates  all  the  acts  of  the  several  states 
which  militate  against  the  treaty,  with  great  precision, 
and  finally  states  that  it  would  be  folly  for  one  party 
to  carry  its  engagements  into  effect,  while  the  other 
neglected  theirs;  that  provided  the  United  States 
would  comply  on  their  part,  the  King  would  on  his.” 

This  I think  is  the  amount  of  the  despatch  from 
Adams,  from  which  the  injunction  of  secrecy  is 
removed,  so  that  you  may  be  under  no  restraint  in 
your  communications  on  the  subject.  We  shall  state 
it  to  the  Executive,  for  the  information  of  the  legis- 
lature. 

We  have  lately  been  much  perplexed  by  a proposi- 
tion from  Connecticut,  for  ceding  her  claims  to  terri- 
tory westward  one  hundred  & twenty  miles  of  the 
Pennsylvania  line,  by  which  she  retains  a right,  by 
implication,  to  one  hundred  & twenty  miles.  We 
have  been  informed  that  she  and  Pennsylvania  are  on 


1786]  /AMES  MONROE. 


the  point  of  variance  with  respect  to  Wioming,  and 
that  this  land  is  necessary  to  satisfy  the  Susque- 
hannah  & Delaware  companies  of  Connecticut,  who 
create  this  mischief,  whereby  peace  will  be  restored  to 
the  Union.  We  are  also  apprised  that  unless  we 
accept  this  cession,  Connecticut  will  open  an  office 
for  the  whole  degree  claimed  by  her  to  the  Mississippi, 
for  sale.  A proposition  has  been  made  reserving  to 
the  United  States  whatever  they  have  acquired  under 
the  cession  of  Virginia,  and  negatived  ; and  one  con- 
firming the  decree  of  Trenton,  or  rather  requiring 
that  Connecticut  should  cede  her  claim  to  Pennsyl- 
vania as  therein  decreed,  met  with  the  same  fate  ; the 
latter  as  connected  with  the  former,  which  being 
negatived,  gave  a more  pointed  implication  in  favor 
of  Connecticut ; there  it  now  stands.  To-day  it  will 
be  taken  up  again,  and  I suppose  it  will  be  passed. 

When  shall  we  have  the  pleasure  of  seeing  you 
here  ; you  have  in  a great  degree  the  friendship  and 
good  wishes  of  our  family.  Miss  Kortright  and 
Mrs.  Monroe  desire  to  be  most  affectionately  remem- 
bered to  you.  I shall  always  be  happy  to  hear  from 
you,  and  am  sincerely  your  friend  & servant 

jAf  Monroe. 


TO  JAMES  MADISON. 

New  York,  May  31,  1786. 

Dear  Sir, — Since  my  last  a letter  has  been  rec^ 
from  Mr.  Jay  to  the  following  effect  “that  difficulties 
had  taken  place  in  his  negotiation  with  Gardoqui  & 
requesting  that  a Committee  be  appointed  without 


132 


THE  WRITINGS  OF  [1786 


instructions  to  direct  & controul  the  said  negoti- 
ation.”^ It  was  immediately  perceiv’d  that  the  object 
was  to  relieve  him  from  the  instruction  respecting  the 
Mississippi  & to  get  a Committee  to  cover  the  meas- 
ure. That  this  wo?  be  thus  brought  forward  I was 
appriz’d  upon  my  first  arrival  here  in  the  Winter  & 
have  been  acquainted  with  all  the  previous  arrange- 
ments which  those  in  favor  of  it  found  necessary  to 
make  to  prepare  for  its  reception.  His  plan  is,  from 
evidence  conclusive  on  my  own  mind,  not  to  be  simply 
quiet  as  to  that  object  but  to  enter  into  engagements, 
at  least  for  a certain  term,  for  its  occlusion,  & further 
to  enter  into  a reciprocal  guaranty  of  their  respective 
possessions  in  America  in  consideration  for  which  we 
are  to  be  admitted  reciprocally,  they  into  our  ports  here 
& we  into  theirs  in  Europe,  upon  an  equal  footing 
with  our  citizens  & subjects  respectively.  What  we 


^ Secret  Journal  of  Congress,  Foreign  Affairs,  May  31,  1786. 

“ The  following  letter  from  the  Secretary  for  foreign  affairs  read  — 

Office  of  Foreign  Affairs,  May  29,  1786. 

Sir — In  my  negotiations  with  M^  Gardoqui  I experience  certain  difficulties, 
which,  in  my  opinion,  should  be  so  managed  as  that  even  the  existence  of  them 
should  remain  a secret  for  the  present.  I take  the  liberty  therefore  of  sub- 
mitting to  the  consideration  of  Congress,  whether  it  might  not  be  advisable  to 
appoint  a committee  with  power  to  instruct  and  direct  me  on  every  point  and 
subject  relative  to  the  proposed  treaty  with  Spain.  In  case  Congress  should 
think  proper  to  appoint  such  a committee,  I really  think  it  would  be  prudent 
to  keep  the  appointment  of  it  secret,  and  to  forbear  having  any  conversation  on 
subjects  connected  with  it,  except  in  Congress,  and  in  meetings  on  the  busi- 
ness of  it.  With  great  respect  etc.  John  Jay. 

To  His  Excellency  the  President  of  Congress. 

The  above  was  referred  to  a committee  of  three,  viz.  M^  King,  M^  Pettit 
and  M!  Monroe,  who  on  the  August,  reported  that  the  letter  be  referred  to 
a committee  of  the  whole.  Aug.  i,  After  debate  an  order  passed  for  the  Secre- 
tary for  foreign  affairs  to  attend  Congress  on  Thursday  next  at  12  O’Clock  on 
on  the  subject  of  his  letter  of  29*’'  May.” 


1786]  JAMES  MONROE. 


are  to  gain  on  our  part  then  simply  is,  the  aid  of  this 
power  in  favor  of  the  ports  & this  commercial  stipula- 
tion. When  the  letter  was  presented  Mf  King  who 
is  associated  in  this  business,  in  a long  speech  in  which 
he  took  a view  of  the  insidious  designs  of  France  in 
the  late  treaty  especially,  & of  the  little  dependence  to 
be  put  in  her  in  the  future,  made  a tryal  of  yf  pulse  of 
the  house  on  the  subject.  The  letter  was  committed, 
Pettit,  King  & myself  are  of  the  committee — as  yet 
the  committee  have  not  met,  tomorrow  they  will.  Jay 
will  attend  it.  From  the  best  investigation  that  I 
have  been  able  to  give  the  subject  I am  of  opinion 
that  it  will  be  for  the  benefit  of  the  U S.  that  the 
river  sho^^  be  opened,  that  although  we  may  not  be  in 
a situation  nor  even  think  of  it  for  the  present,  to 
contest  it,  yet  if  we  enter’d  into  engagements  to  the 
contrary,  we  separate  those  people, — I mean  all  those 
wesd  of  the  mountains, — from  the  federal  Government 
& perhaps  throw  them  into  the  hands  eventually  of  a 
foreign  power — that  under  the  direction  of  Congress 
the  produce  of  that  country  will  be  in  trade  y®  source 
of  great  national  wealth  & strength  to  the  U S.  That 
a reciprocal  guaranty  stipulates  an  important  consid- 
eration to  them  without  a return.  That  whether  it 
may  not  tend  to  weaken  the  connection  between  us  & 
France  is  doubtful.  That  the  commerc!  engagements 
will  operate  upon  its  own  merits  only  to  the  disadvan- 
tage of  the  U.S.  I remember  upon  a former  occa- 
sion, unconnected  with  objects  or  considerations  of 
this  kind  to  have  remark’d  to  you — After  the  publick 
debt  is  p?  (&  if  the  western  land  is  properly  dispos’d 


134 

THE  WRITINGS  OF 

[1786 

of,  great  part  of  it  will  be  shortly)  the  situation  of 
these  States  will  be  such  as  to  make  it  unnecessary 
for  them  to  lay  such  duties  on  the  trade  of  their  citi- 
zens as  the  expensive  civil  and  military  establishments 
of  the  European  countries  will  require.  The  duties 
of  our  citizens  & their  subjects  in  our  respective  ports 
will  of  course  be  unequal,  ours  depress’d  with  the 
weight  of  their  gov^  & theirs  entitled  to  all  the  bene- 
fits which  arise  from  our  ease  & happy  situation.  If 
we  knew  precisely  the  duties  impos’d  on  our  trade  by 
our  citizens  in  their  ports  we  might  put  their  subjects 
on  equal  footing  here.  The  indulgence  then  given  to 
our  people  in  our  ports  arising  from  the  ease  of  our 
circumstances,  superior  to  that  w^  the  subjects  of 
other  countries  can  possibly  obtain,  wo^^  be  a manifest 
advantage  which  might  enable  them  to  improve  their 
circumstances.  Great  Britain  I am  also  informed,  is 
to  be  excluded  from  the  benefit  (if  it  be  term’d  such) 
of  this  treaty.  I am  clearly  of  opinion  that  Spain  is 
of  all  the  powers  of  Europe  the  most  in  our  hands. 
That  for  a guaranty  we  might  obtain  not  only  the 
points  in  contest  but  whatever  else  we  wish’d,  but 
such  is  the  folly  of  our  councils  & the  vice  of  those 
who  govern  them  in  many  instances,  that  the  real 
blessings  of  our  situation  in  those  few  cases  which 
exist,  cannot  be  turn’d  to  any  publick  advantage. 
Pettit  who  is  always  here  & the  influencial  man  from 
Pa.  is  a speculator  in  certificates.  He  came  forward 
under  the  patronage  of  Reed  with  impressions  en- 
tirely Eastern  and  the  opposition  given  the  requisition 
last  year  by  the  delegation  of  V?  has  given  him  an 


JAMES  MONROE. 


1786] 


135 


opinion  that  she  wishes  to  defraud  the  publick  credi- 
tors. The  evidence  of  her  payments,  of  passing  the 
requisition  upon  terms  unfavorable  to  her,  of  her 
honest  & federal  attachments  are  no  proof  to  him. 
He  always  acts  under  this  impression  & the  utmost 
prudence,  good  temper  (personally)  and  assurance  on 
the  part  of  the  delegation  cannot  remove  it.  His 
state  therefore  can  generally  be  calculated  on  in  favor 
of  all  the  measures  of  Massachusetts  who  is  always 
zealous  upon  all  subjects  of  old  emission  money,  pub- 
lick  securities  She  always  hath  some  influence 
with  Deb.®  & Jersey  ; King  hath  married  a woman  of 
fortune  in  N.  Y.  so  that  if  he  secures  a market  for  fish 
and  turns  the  commerce  of  the  Western  country  down 
this  river  he  obtains  his  object. 

We  have  not  as  yet  brought  on  the  claims  of  the 
state,  we  shall  do  it  in  a few  days.  I am  thoroughly 
satisfied  they  will  be  rejected.  All  the  expenses  of 
Dunmore’s  expedition  although  precisely  on  the 
same  footing  with  the  first  campaign  at  Boston  will 
be  thrown  on  the  State.  Yet  Mass:  hath  (&  did  in 
the  close  of  that  campaign)  draw  money  to  defray  its 
expences.  It  appears  to  me  as  if  the  State  debt  wo^^ 
never  be  settled  and  if  it  is,  upon  terms  highly  dis- 
advantageous to  us — that  the  certificate  debt  will  be 
press’d  only  untill  by  the  operation  of  the  facility  sys- 
tem most  of  the  securities  are  mov’d  southw^  after 
which  it  will  be  given  up.  We  shall  however  bring 
the  subject  on  shortly,  and  upon  the  fairest  principles 
for  the  State,  & in  the  event  of  a decision  agn".‘  her 
put  her  pretensions  on  the  journals.  Many  of  these 


136 

THE  WRITINGS  OF 

[1786 

questions  you  will  observe  are  as  important  as  they 
are  intricate.  That  to  a wise  decision  as  to  their  ex- 
pedience, the  greatest  industry  & ability  in  their  man- 
agement will  be  necessary.  I must  confess  I have 
little  hope  that  they  will  take  a direction  agreeably  to 
my  own  impressions  of  propriety.  One  great  advan- 
tage is,  that  the  delegations  are  in  gen!  in  sentiment, 
& act  together — but  there  are  such  powerful  combi- 
nations agnst  us,  supported  by  & founded  in  consid- 
erations of  private  interest,  that  I almost  despair. 
What  effect  these  measures  may  have,  especially  the 
instances  of  the  British  debt  & our  acc*^  upon  the 
State,  I cannot  determine.  Whether  they  may  ex- 
tend their  influence  to  other  objects  than  those  they 
particularly  affect,  is  incertain  ; fully  persuaded  how- 
ever I am  that  they  will  give  arguments  to  those  op- 
pos’d to  an  extension  of  federal  powers  of  greater 
weight  than  any  they  have  had  before.  I most  sin- 
cerely wish  you  may  come  up  and  that  if  you  shall 
not  be  able  you  will  give  me  yf  sentiments  fully  on 
these  subjects.  I am  yf  friend  & servant, 

Ja!  Monroe. 


TO  THOMAS  JEFFERSON. 

N.  York,  June  i6,  1786. 

Dear  Sir, — Since  my  last  but  little  hath  been  done 
in  Congress.  We  have  had  generally  not  more  than 
7.  States  present.  The  only  time  that  9.  were,  their 
time  was  employ’d  upon  the  subject  of  the  Connecticut 
cession,  which  ultimately  was  accepted  ; whereby  she 
cedes  all  the  land  lying  westw^!  of  a line  to  be  drawn 


1786]  JAMES  MONROE. 


137 


westw*?  of  the  Pen^  line  parallel  with  the  same.  Our 
State  voted  agnst  it  but  were  in  sentiment  for  it.  It 
is  hop’d  it  will  terminate  the  variance  respecting  the 
Wyoming  settlement  by  enabling  Connecticut  to  give 
the  claimants  other  land  in  lieu  & thereby  establish 
the  government  of  Pen^  in  the  benefit  of  the  decree 
of  Trenton.  Other  reasons  there  are  which  apply  to 
the  geographic  position  of  the  land  & the  influence 
that  consideration  may  have  on  the  councils  of  Con- 
necticut. We  voted  ag"^^  it  under  the  sentiment,  upon 
w^  our  State  hath  always  acted,  of  her  right  to  the 
N°  West  line  from  the  Northern  extremity  of  her 
charter  limits — which  we  suppos’d  sho*?  be  regarded, 
even  after  the  right  was  given  to  the  U.  S.,  by  the 
delegation. 

What  shall  finally  be  done  with  Spain,  respecting 
the  Mississipi  becomes  an  interesting  question,  and  one 
press’d  on  us  for  a decision.  Gardoqui  has  been  long 
labouring  for  it’s  occlusion  with  Jay.  For  sometime 
I have  been  perfectly  satisfied  the  latter  required  no 
arguments  to  bring  him  into  the  same  sentiment. 
The  proposition  is  that  it  be  shut  for  thirty  years,  in 
consideration  for  which  Spain  will  admit  us  into  her 
ports  upon  a footing  with  her  own  subjects,  we  recip- 
rocating. This  you  may  recollect  was  rejected  at 
Annapolis  upon  its  own  merits  only.  It  is  however 
magnified  here  as  a great  advantage  & equivalent  to 
the  consideration  requir’d.  We  are  also  threatened 
with  the  project  of  a treaty  between  Spain  (in  case 
this  fails)  and  Britain.  Yet  I cannot  comprehend 
Upon  what  principle  it  can  take  effect.  Jay  stated 


138 

THE  WRITINGS  OF 

[1786 

difficulties  in  the  management  of  this  business  with 
the  Minister  & propos’d,  without  bringing  any  of 
these  circumstances  to  view,  that  a committee  be 
appointed  with  power  to  controul  all  circumstances 
respecting  the  treaty  with  a view  of  evading  his  in- 
structions ^ & concluding  the  treaty  before  they  were 
known — but  as  they  were  known  to  some  who  had 
marked  the  progress  of  the  business  each  proposition 
was  discuss’d  on  its  own  particular  merits  in  the  first 
instance.  A committee  was  appointed  to  report. 
Jay  attended  it.  Of  this  I was  a member.  To  us  he 
co'l  make  no  communication  we  did  not  already  know 
— so  that  the  plan  fail’d  in  not  carrying  a committee 
in  the  first  instance  for  the  purpose.  This  was  a fort- 
night past  & as  yet  we  have  made  no  report.  I have 
given  circumstantially  the  state  of  this  business  as  it 
has  appear’d  to  me,  not  on  evidence  absolutely  pre- 
sumptive only.  I intended  to  have  wrote  you  more 
fully  but  am  just  advis’d  the  packet  will  sail  imme- 
diately. With  my  sincerest  wishes  for  yf  health  & 
happiness  I am  dear  Sir  y5  friend  & servant 

Ja?  Monroe. 

Pray  apologize  for  me  to  Short.  Tell  him  I will 
write  a letter  which  shall  have  retrospect  to  what  I 
sho^l  have  s^  in  this  & shall  include  also  whatever  shall 
intervene. 

’ Congress,  on  the  25th  Aug.,  1785,  on  the  report  of  a Committee  of  which 
Monroe  was  chairman,  had  instructed  the  Secretary,  in  treating  with  Spain, 
“ particularly  to  stipulate  the  right  of  the  United  States  to  their  territorial 
bounds,  and  the  free  navigation  of  the  Mississippi  from  the  source  to  the  ocean, 
as  established  in  their  treaties  with  Great  Britain  ; and  that  he  neither  conclude 
nor  sign  any  treaty,  compact  or  convention,  with  the  said  encargardo  de  nego- 
cios  until  he  hath  previously  communicated  it  to  Congress,  and  received  their 
approbation.” 


JAMES  MONROE. 


1786] 


139 


TO  JAMES  MADISON. 

New  York,  July  15,  1786. 

Dear  Sir, — I had  the  pleasure  to  receive  yours 
from  Phih  yesterday  but  so  late  that  I co*?  not  an- 
swer it  sooner.  I hope  you  have  before  this  recover'd 
from  yf  fatigue,  indeed  I advise  your  prosecution  of 
yf  journey  here  as  soon  as  possible  as  the  preferable 
place  for  that  purpose.  I sho^  be  happy  you  co'l  give 
us  as  much  of  yl"  time  as  possible  here  for  reasons 
more  self  interested.  Of  these  we  shall  confer  when 
we  meet.  I beg  of  you  to  make  the  payment  for  my 
advances  to  Taylor  entirely  convenient  to  yourself — 
I shall  and  believe  with  tolerable  convenience  wait 
the  time  you  mention — indeed  it  will  produce  no  in- 
convenience. The  am^  of  land  purchas’d  of  Taylor  was 
900 — acres  at  i & -J-  dob®  pf  acre.  For  half  of  this  I 
have  already  paid  & have  his  rec^  being  for  675. 
dob® — \ of  this  you  owe  me.  The  balance  is  to  be 
paid  to  Taylor  some  time  in  next  May.  I have  no 
doubt  of  the  preference  in  favor  of  lands  on  the 
Mohawk  to  those  of  the  same  price  at  present,  in  any 
part  of  the  Confederacy — as  being  equally  fertile  and 
more  secure  in  all  the  other  circumstances  which  can 
appreciate  the  value  of  land — but  upon  this  will  also 
confer  when  we  meet.  We  have  12.  States  on  the 
floor  & yet  do  little  or  nothing.  I postpone  however 
troubling  you  with  anything  of  a publick  nature  at 
present  as  you  have  not  perhaps  yf  cypher  with  you 
& I expect  so  shortly  to  see  you.  I doubt  whether  it 
will  be  possible  for  me  to  accompany  you  in  the  trip 
up  the  river.  Grayson  is  ill  of  the  gout.  Carrington 


140 


THE  WRITINGS  OF  [1786 


much  indispos’d  & the  most  important  business  still 
undecided  on  or  otherwise  dispos’d  of.  Believe  me, 
yf  affec-  friend  & servant. 

jAf  Monroe. 


TO  THOMAS  JEFFERSON. 

New  York,  July  16*,  1786. 

Dear  Sir, — I have  not  heard  from  you  for  several 
months  past,  the  last  being  dated  some  time  previous 
to  your  removal  to  London.  Not  knowing  you  wo^ 
have  staid  so  long  I have  wrote  you  by  every  packet 
to  France.  We  have  now  present  12  States  & hope 
this  will  be  the  case  for  some  time.  Soon  after  my 
arrival  here  in  the  winter  I suggested  to  you  my  ap- 
prehensions that  the  condition  of  the  Act  of  Cession 
from  Virg?  which  respected  the  extent  of  the  states  to 
be  erected  over  the  ceded  territory  was  an  impolitick 
one  & that  it  might  be  proper  to  recommend  it  to  the 
State  to  alter  it.  A proposition  to  this  effect  was  sub- 
mitted to  Congress  which  ultimately  pass’d  advising 
that  it  be  vested  in  Congress  to  divide  the  s?  territory 
into  not  less  than  3.  nor  more  than  5 States — but  the 
investigation  of  the  subject  has  open’d  the  eyes  of  a 
part  of  the  Union  so  as  to  enable  them  to  view  the 
subject  in  a different  light  from  what  they  have  here- 
tofore done.  They  have  therefore  manifested  a desire 
to  rescind  every  thing  they  have  heretofore  done  in 
it,  particularly  to  increase  the  number  of  the  Inhabi- 
tants which  sho^^  entitle  such  States  to  admission  into 
the  Confederacy  & to  make  it  depend  on  their  having 
one  I3‘^  part  of  the  free  inhabitants  of  the  U.  S. 


1786]  JAMES  MONROE, 


This  with  some  other  instructions  they  wish  to  impose 
on  them  evinces  plainly  the  policy  of  these  men  to  be 
to  keep  them  out  of  the  Confederacy  altogether.  I 
consider  this  as  a dangerous  & very  mischievous  kind 
of  policy  & calculated  to  throw  them  into  the  arms  of 
Great  Britain.  I know  not  with  certainty  whether 
they  will  be  able  to  carry  this  point  but  if  it  is  press’d 
& a probability  of  being  carried,  we  shall  object  to  the 
powers  of  the  U S.  to  determine  the  numbers  with- 
out the  consent  of  the  State.  It  having  been  left  open 
in  the  Act,  does  by  no  means  put  it  in  the  power  of 
the  U.  S.  to  make  such  restrictions  on  this  head  as  to 
defeat  the  condition  altogether.  If  they  do  not  there- 
fore agree  with  the  delegates  to  leave  it  upon  the 
ground  of  April  23?  1784.  We  shall  propose  a sub- 
sequent convention  between  the  parties  as  to  that 
point,  & deny  the  right  of  the  U.  S.  to  act  otherwise  in 
it.  In  my  last  I advised  you  of  an  intrigue  on  foot 
under  the  management  of  Jay  to  occlude  the  Missis- 
sippi supported  by  the  delegation  of  Massachusets. 
Since  my  last  no  further  measures  have  been  openly 
taken  in  the  business,  yet  it  is  not  relinquish’d.  As  yet 
there  hath  not  been  a fair  tryal  of  the  sense  of  Con- 
gress on  the  subject.  I have  a conviction  in  my  own 
mind  that  Jay  has  manag’d  this  negociation  dis- 
honestly. On  the  other  hand  I am  persuaded  that 
the  minister  here  has  no  power  on  the  subject — yet  I 
am  firmly  persuaded  that  he  has  conducted  himself  in 
such  manner  in  this  business  as  to  give  him  & his 
court  hopes  which  the  sense  of  Congress  nor  his  in- 
structions authorise.  Having  been  on  altogether  for- 
eign business  lately,  indeed  since  you  left  us,  I have 


142 


THE  WRITINGS  OF 


[1786 


had  an  opportunity  of  knowing  him  well,  & this  com- 
munication is  founded  in  circumstances  this  opportun- 
ity hath  given  me.  The  Massach.  delegates  except 
the  president,  whose  talents  & merits  have  been 
greatly  overated  (tho’  preferable  greatly  in  the  latter 
instance  to  his  brethern)  are  without  exception  the 
most  illiberal  I have  ever  seen  from  that  State.  Two 
of  these  men  whose  names  are  Dana  and  King  are 
elected  for  the  next  year  which  is  my  motive  for  mak- 
ing known  to  you  this  circumstance.  It  may  possibly 
be  of  some  service  to  you,  as  I shall  leave  Congress, 
to  possess  information  of  this  kind.  The  former  is  I 
believe  honest  but  the  principles  of  the  latter  I doubt. 

^ It  has  been  propos’d  & supported  by  our  State  to  have 
a Colonial  govF  establish’d  over  the  western  districts 
& to  cease  at  the  time  they  shall  be  admitted  into  the 
Confederacy ; we  are  fully  persuaded  it  will  be  bene- 
ficial to  the  settlers  & to  the  U.  S.  & especially  those 
to  whose  frontiers  such  establishment  form’d  an  im- 
mediate barrier— this  hath  not  been  decided  on  & 
hath  only  been  postpon’d  in  consequence  of  the  inor- 
dinate schemes  of  some  men  above  alluded  to  as  to 
the  whole  policy  of  the  aff?  of  that  country.  I am  not 
aware  of  anything  else  that  I can  give  you  new.  In 
October  I shall  leave  this  for  Virg?  & shall  settle  in 
Fredericksburg  for  the  purpose  of  commencing  the 
practice  of  the  law.  I hope  by  this  you  have  reach’d 
Paris  agP  & at  home — that  you  have  been  well  pleas’d 
with  your  trip — Mr  Madison  writes  me  to-day  he  is  at 
Philadelphia  & intends  in  a few  days  a visit  here. 

I am  Dear  Sir  yr  affectionate  friend  & servant, 

Ja®  Monroe. 


1786]  JAMES  MONROE. 


TO  JAMES  MADISON. 

New  York,  Aug^.  lo,  1786. 

Dear  Sir, — We  went  into  a Committee  of  the 
whole  yesterday — the  subject  [the  treaty  with  Spain] 
was  discuss’d  fully,  by  Pinckney  & others  & the 
house  ultimately  came  to  the  resolution  & reporting 
that  we  sit  ag”.  Today  being  the  order  for  the  re- 
port of  the  Committee  in  part  upon  subject  of  the 
impost  in  its  relation  to  Pen^  & New  York,  the  order 
above  alluded  to  of  going  into  Committee  was  post- 
pon’d to  take  up  the  s'!  report.  I consider  this  by  no 
means  as  evidence,  that  the  majority  are  ag’nst  Jays 
propositions.  On  the  contrary  we  have  satisfactory 
documents  to  believe  that  7.  States  are  for  it.  It  de- 
pends therefore  whether  it  shall  be  absolutely  defeated 
(w^  will  be  the  case  provided  they  have  but  six  States) 
upon  the  arrival  of  Wilson  & S‘  Clair  & their  being 
in  sentiment  agns^  Jay.  If  this  shall  be  the  case, 
may  you  not  discover  it  in  conversation  & send  them 
up?^  It  was  mov’d,  as  we  expected,  to  repeal  the 
ultimatum  in  his  instructions.  I hope  you  have  ar- 
riv’d in  good  health.  Remember  me  particularly  to 
Mr^  Triste  & Mr?  House — tell  them  we  shall  stay  a 
day  or  two  on  our  passage  thro’  PhiP  with  them.  I 
am  y?  afP.®  frP  & serv‘ 

Ja?  Monroe. 


* James  Wilson  and  Arthur  St.  Clair  were  two  of  the  delegates  of  Pennsyl- 
vania. Madison  was  at  this  time  visiting  Philadelphia. 


THE  WRITINGS  OF  [1786 


TO  GOVERNOR  PATRICK  HENRY.* 

New  York,  Augt.  12,  1786. 

Dear  Sir, — I have  wished  to  communicate  for 
sometime  since  to  you  an  account  of  a transaction 
here,  for  your  sentiments  respecting  it,  but  have  de- 
clined from  the  want  of  a cypher,  that  of  the  delega- 
tion being  we  fear  lost.  The  affr.  however  has  come 
to  such  a crisis  and  is  of  such  high  importance  to  the 
U.  S.  & ours  in  particular,  that  I shall  risque  the  com- 
munication without  that  cover.  Jay,  you  know,  is  in- 
trusted with  the  negotiation  with  the  Sp".  resident  here 
for  the  free  navigation  of  the  Mississippi  & the  bound- 
aries between  Georgia  and  the  Floridas  ; his  instruc- 
tions, altho’  they  authorize  by  implication  the  formation 
of  a treaty  of  commerce,  confine  him  expressly  with 
respect  to  those  points,  & prohibit  his  entering  into 
any  engagement  whatever  wh.  shall  not  stipulate  them 
in  our  favor.  Upon  my  arrival  here  in  Decf  last 
(having  been  previously  well  acquainted  with  Mr.  Jay) 
in  conversation  with  him  I found  he  had  agreed  with 
Gardoqui  to  postpone  the  subject  of  the  Mississippi 
&c,  in  the  first  instance  & to  take  up  that  of  a com- 
merc!  treaty ; that  in  this  they  had  gone  so  far  as 
that  Mr.  Jay  was  possessed  of  the  principles  on  wh. 
he  wo^  agree  to  make  it,  upon  condition  on  our  part, 
of  a forbearance  of  the  use  of  the  Mississippi  for  25  or 
30  years.  I soon  found  in  short  that  Mr.  Jay  was  de- 
sirous of  occluding  the  Mississippi  and  of  making  what 
he  term’d  advantageous  terms  in  the  treaty  of  com- 
merce the  means  of  effecting  it.  Whether  he  sup- 

* From  the  original  presented  to  the  National  Archives  by  the  Honorable 
William  Wirt  Henry. 


1786]  JAMES  MONROE. 


pos’d  I was  of  his  opinion  or  not,  or  was  endeavoring 
to  prevail  on  me  to  be  so,  I cannot  tell,  but  as  I ex- 
pressed no  sentiment  on  the  subject  he  went  further 
& obser  d ‘^that  if  the  affr.  was  brought  to  the  view  of 
Congress  they  wo^!  most  probably  disagree  to  it,  or  if 
they  sho^.  approve  the  project,  conduct  themselves  so 
indiscreetly  as  to  suffer  it  to  become  known  to  the 
French  & EngF  residents  here  & thus  defeat  it.  To 
avoid  this  he  said  it  occurr  d to  him  expedient  to  pro- 
pose to  Congress  that  a Committee  be  appointed  to 
controul  him  in  the  negotiation,  to  stand  to  him  in  the 
room  of  Congress  & he  to  negotiate  under  the  Com- 
mittee.” I then  reminded  him  of  the  instructions  from 
our  State  respecting  the  Mississippi  to  the  delegation 
& of  the  impossibility  of  their  concurring  in  any  meas- 
ures of  the  kind.  Our  communication  on  this  subject 
ended  from  that  time.  Upon  the  arrival  of  Colo. 
Grayson  I communicated  to  him  all  these  circum- 
stances, with  my  opinion  on  them.  From  that  time^ 
and  I had  reason  to  believe  he  had  begun  even  before 
my  arrival,  we  have  known  of  his  intriguing  with  the 
members  to  carry  the  point.  On  27.  of  May  he  ad- 
dressed a letter  to  Congress  precisely  in  the  sentiment 
above,  stating  difficulties  in  the  negotiations  & pro- 
posing that  ‘'a  Committee  be  appointed  with  full 
power  to  direct  & instruct  him  on  every  point  relative 
to  the  proposed  treaty  with  Spain.”  As  we  knew  the 
object  was  to  extricate  himself  from  the  instructions 
respecting  the  Mississippi  we  of  course  opposed  it.. 
We  found  he  had  engaged  the  eastern  states  in  the 
intrigue,  especially  Mass:,  that  New  York,  Jersey  & 

VOL,  I.— 10 


146 

THE  WRITINGS  OF 

[1786 

Pen^  were  in  favor  of  it  & either  absolutely  decided 
or  so  much  so  as  to  promise  little  prospect  of  change. 
The  Committee  propos’d  by  the  Secretary  was  ad- 
mitted generally  to  be  without  the  powers  of  Congress. 
Since  9 states  only  can  give  an  instruction  for  the  for- 
mation of  a treaty,  to  appoint  a Committee  with 
the  power  of  9 states  was  agreed  to  be  a subversion 
of  the  govt.  & therefore  improper.  The  letter  how- 
ever was  referr’d  to  a Committee  who  ultimately  agreed 
to  report  that  the  Committee  be  discharged  & the 
subject  referred  to  a Committee  of  the  whole  & the 
SecrX  ordered  to  attend.  He  did  so  and  come  forward 
fully  with  the  plan  of  a commerc!  treaty  condition’d 
with  the  forbearance  of  the  use  of  the  Mississippi  for 
25  or  30  years,  with  a long  written  speech  or  report  in 
favor  of  it.  The  project  is  in  a few  words  this  i 
That  the  merch^.®  of  America  & Sp"  shall  enjoy,  the 
former  in  the  ports  of  Sp"  & the  Canaries,  the  latter 
in  those  of  the  U.  S.  the  rights  of  native  merchl® 
reciprocally.  2.  That  the  same  tonnage  shall  be  paid 
on  the  ships  of  the  two  parties  in  the  carriage  of  the 
productions  & the  manufactures  of  the  2 countries. 
3.  That  the  bona  fide  manufactures  & productions  of 
the  United  States  (tobacco  only  excepted  which  shall 
continue  under  its  present  regulations)  may  be  im- 
ported in  American  or  Spanish  vessels  into  any  of  his 
majesty’s  ports  aforesaid  in  like  manner  as  if  they  were 
the  productions  of  Spain,  And  on  the  other  hand 
that  the  bona  fide  manufactures  & productions  of  his 
majesty’s  Dominions  may  be  imported  into  the  U.  S. 
in  Sp”  or  American  vessels  in  like  manner  as  if  they 


1786]  JAMES  MONROE.  147 


were  those  of  the  said  States,  and  further  that  all  such 
duties  and  imposts  as  may  mutually  be  thought  neces- 
sary to  lay  on  them  by  either  party y shall  be  ascer- 
tained & regulated  on  principles  of  exact  reciprocity 
by  a tariff  to  be  form’d  by  a convention  for  the  pur- 
pose, to  be  negotiated  & made  within  one  year  after 
the  exchange  of  the  ratification  of  this  treaty  and  in 
the  meantime  that  they  shall  severally  pay  in  the  ports 
of  each  other  the  duties  of  natives  only.  4.  Masts  &: 
timber  shall  be  bought  here  for  the  royal  navy,  pro- 
vided that  upon  their  carriage  to  Spain  they  shall  cost 
no  more  than  if  they  were  bought  elsewhere.  5.  That 
in  consideration  of  these  advantages  to  the  U.  S.  they 
agree  to  forbear  the  use  of  the  Mississippi  for  25  or  30 
years,  the  term  for  wh.  the  treaty  shall  last.”  This 
treaty  independent  of  the  sacrifice,  I consider  as  a very 
disadvantageous  one  & such  as  we  should  not  accept, 
since  it  in  reality  gains  us  nothing  & subjects  to  very 
high  restrictions,  such  as  exist  in  none  of  our  other 
treaties,  altho’  they  are  in  effect  bad  enough.  But  they 
are  to  be  justified  especially  those  of  France  & Hol- 
land in  the  motives  which  led  to  them,  to  bring  those 
powers  into  the  war.  The  subject  was  referred  to  a 
Committee  of  the  whole  on  Thursday  last  who  after 
debate  rose  & reported  that  they  have  come  to  no 
decision  and  require  leave  to  sit  again.  The  delega- 
tion of  Mass,  moved  in  committee  that  the  ultimatum 
in  his  instructions  respecting  the  Mississippi  be  re- 
pealed, in  which  event  he  would  have  unlimited 
powers  to  act  at  pleasure.  This  they  said  might  be 
carried  by  7 states.  We  observed  that  without  the 


148 

THE  WRITINGS  OF 

[1786 

ultimatum  the  instruction  would  be  a new  one,  and  of 
course  9 states  necessary  to  it.  The  subject  will  again 
be  taken  up  in  a few  days.  It  appears  manifest  they 
have  7 states  & we  5,  Maryland  inclusive,  with  the 
southern  states.  Delaware  is  absent.  It  also  appears 
that  they  will  go  on  under  7 states  in  the  business  & 
risque  the  preservation  of  the  confederacy  on  it.  We 
have  & shall  throw  every  possible  obstacle  in  the  way 
of  the  measure,  protest  against  the  right  of  7 either  to 
instruct  or  ratify,  give  information  of  this  to  Mr.  Jay 
& the  Sp"  resident  so  that  neither  may  be  deceived  in 
the  business.  This  is  one  of  the  most  extraordinary 
transactions  I have  ever  known,  a minister  negotiating 
expressly  for  the  purpose  of  defeating  the  object  of  his 
instructions,  and  by  a long  train  of  intrigue  & man- 
agement seducing  the  representatives  of  the  states  to 
concur  in  it.  It  is  possible  some,  or  perhaps  one,  (in 
which  case  it  will  be  even)  member  may  change  his 
sentiments,  but  as  he  risqued  his  reputation  upon 
carrying  it,  it  is  to  be  presumed  he  had  engaged  them 
too  firmly  in  the  business  to  have  a possibility  of  their 
forsaking  him.  This  however  is  not  the  only  subject 
of  consequence  I have  to  engage  your  attention  to. 
Certain  it  is  that  committees  are  held  in  this  town  of 
Eastern  men  and  others  of  this  State  upon  the  sub- 
ject of  a dismemberment  of  the  States  east  of  the 
Hudson  from  the  Union  & the  erection  of  them  into 
a separate  govt.  To  what  lengths  they  have  gone  I 
know  not,  but  have  assurances  as  to  the  truth  of  the 
above  position,  with  this  addition  to  it  that  the  meas- 
ure is  talked  of  in  Mass  : familiarly,  & is  supposed  to 


1786]  JAMES  MONROE. 


have  originated  there.  The  plan  of  the  govt  in  all  its 
modifications  has  even  been  contemplated  by  them. 
I am  persuaded  these  people  who  are  in  Congress 
from  that  State  (at  the  head  of  the  other  business) 
mean  that  as  a step  toward  the  carriage  of  this,  as  it 
will  so  displease  some  of  them  as  to  prepare  the  States 
for  this  event. 

I am  thoroughly  persuaded  the  govt,  is  practicable 
& with  a few  alterations  the  best  that  can  be  devised. 
To  manage  our  affairs  to  advantage  under  it  & 
remedy  these  defects,  in  my  opinion,  nothing  is  want- 
ing but  common  sense  & common  honesty,  in  both  of 
which  necessary  qualifications  we  are,  it  is  to  be  la- 
mented, very  defective.  I wish  much  your  sentiments 
upon  these  important  subjects.  You  will  necessarily 
consider  this  as  under  an  injunction  of  secrecy  & con- 
fide with  none  in  whom  the  most  perfect  confidence 
may  not  be  reposed.  If  any  benefit  may  result  from 
it  I should  have  no  objection  to  your  presenting  it  to 
the  view  of  Council — of  this  you  will  judge — clearly  I 
am  of  opinion  it  will  be  held  connected  with  other 
objects — & perhaps  with  that  upon  which  the  conven- 
tion will  sit  at  Annapolis.  On  the  part  of  the  Dele- 
gation we  can  give  you  similar  information  except  as 
to  what  passed  between  Mr.  Jay  & myself — will  it  be 
necessary?  Of  one  point  I have  a perfect  conviction 
& upon  this  the  rest  of  the  Delegation  will  perhaps 
not  write  you  so  freely  as  myself,  which  is  this,  that  the 
Legislature  should  be  convened  at  a time  sufficiently 
early  to  elect  members  to  take  their  seats  precisely  on 
the  day  that  those  of  the  present  Delegation  expire — 


THE  WRITINGS  OF 


[1786 


150 


affairs  are  in  too  critical  a situation  for  the  State  to  be 
unrepresented  a day — eminent  disadvantage  may  re- 
sult from  it — they  did  from  this  circumstance  during 
the  last  year.  Let  me  hear  from  you  upon  these  sub- 
jects as  soon  as  possible  & believe  me  with  great 
respect  & esteem  your  friend  & servant 

jAf  Monroe. 

P.  S.  The  object  in  the  occlusion  of  the  Missis- 
sippi on  the  part  of  these  people  so  far  as  it  is  ex- 
tended to  the  interest  of  their  States  (for  those  of  a 
private  kind  gave  birth  to  it)  is  to  break  up  so  far  as 
this  will  do  it,  the  settlements  on  the  western  waters, 
prevent  any  in  future,  and  thereby  keep  the  States 
southward  as  they  now  are — or  if  settlements  will  take 
place,  that  they  shall  be  on  such  principles  as  to  make 
it  the  interest  of  the  people  to  separate  from  the  Con- 
federacy, so  as  effectually  to  exclude  any  new  State 
from  it.  To  throw  the  weight  of  population  eastward 
& keep  it  there,  to  appreciate  the  vacand  lands  of 
New  York  & Massachusetts.  In  short,  it  is  a system 
of  policy  which  has  for  its  object  the  keeping  the 
weight  of  govt  & population  in  this  quarter,  & is  pre- 
pared by  a set  of  men  so  flagitious,  unprincipled  & 
determined  in  their  pursuits,  as  to  satisfy  me  beyond 
a doubt  they  have  extended  their  views  to  the  dis- 
memberment of  the  govt  & resolved  either,  that  sooner 
than  fail  it  shall  be  the  case,  or  being  only  desirous  of 
that  event  have  adopted  this  as  the  necessary  means 
of  effecting  it.  In  conversations  at  which  I have  been 
present,  the  Eastern  people  talk  of  a dismemberment 


1786]  JAMES  MONROE. 


SO  as  to  include  Pena,  (in  favor  of  which  I believe  the 
present  delegation  Petit  & Bayard  who  are  under  the 
influence  of  eastern  politicks  would  be)  & sometimes 
all  the  states  south  to  the  Potomack — Altho  a dis- 
memberment should  be  avoided  by  all  the  states  and 
the  conduct  of  wise  & temperate  men  should  have  in 
view  to  prevent  it,  yet  I do  consider  it  as  necessary  on 
our  part  to  contemplate  it  as  an  event  which  may  pos- 
sibly happen  & for  which  we  should  be  guarded — a 
dismemberment  which  would  throw  too  much  strength 
into  the  Eastern  Division  should  be  prevented.  It 
should  be  so  managed,  (if  it  takes  place)  either  that  it 
should  be  formed  into  three  divisions,  or  if  into  two, 
that  Pen^  if  not  Jersey  should  be  included  in  ours.  Be 
assur’d  as  to  all  the  subjects  upon  which  I have  given 
you  information  above,  it  hath  been  founded  on  au- 
thentic documents.  I trust  these  intrigues  are  con- 
fined to  a few  only,  but  by  these  men  I am  assured 
are  not ; whatever  anxiety  they  may  give  you  I am 
persuaded  it  cannot  be  greater  than  that  which  I have 
felt.  J.  M.^ 


TO  JAMES  MADISON. 

New  York,  Aug‘  14,  1786. 

Dear  Sir, — It  has  occurr’d  to  G.^  & myself  to  pro- 
pose to  Congress  that  negotiations  be  carried  on  with 
Sp"  upon  the  following  principles  i.  That  exports  be 


* “ Upon  the  receipt  of  this  letter  Mr.  Henry,  appreciating  the  danger  of  the 
situation,  exerted  himself  to  defeat  the  proposed  treaty,  in  so  far  as  it  provided 
for  the  relinquishment  of  the  Mississippi.” — Wm.  Wirt  Henry.  Cf.  his 
Life,  Correspondence  and  Speeches  of  Patrick  Henry.  ^ Grayson. 


152 


THE  WRITINGS  OF 


admitted  thro’  the  Mississippi  to  some  free  port — 
perhaps  N.  Orleans,  to  pay  there  a toll  to  Sp"  of 
ab^  3.  pr  cent”?  ad  valorem  & to  be  carried  thence  un- 
der the  regulations  of  Congress.  2.  That  imports 
shall  pass  into  the  western  country  thro,  the  ports  of 
the  U.  S.  only.  3.  That  this  sacrifice  be  given  up  to 
obtain  in  other  respects  a beneficial  treaty.  I beg  of 
you  to  give  me  yf  opinion  on  it.  It  is  manifest  here 
that  Jay  & his  party  in  Congress  are  determin’d  to 
pursue  this  business  as  far  as  possible,  either  as  the 
means  of  throwing  the  western  people  & territory 
without  the  gov^  of  the  U.  S.  and  keeping  the  weight 
of  population  & gov^  here,  or  of  dismembering  the 
gov5  itself,  for  the  purpose  of  a separate  Confederacy. 
There  can  be  no  other  object  than  one  of  these,  & I 
am  from  such  evidence  as  I have,  doubtful  which  hath 
the  influence.  I write  in  Congress  & therefore  am 
deprived  of  the  advantage  of  the  cypher,  but  am  so 
desirous  of  yf  sentiments  as  to  risque  mine  without 
that  cover.^ 

Sincerely  etc. 

Ja?  Monroe. 


' Madison  replied,  August  17th,  from  Philadelphia  : 

“ I have  your  favor  of  the  14^^  inst.  The  expedient  of  which  you  ask  my 
opinion  has  rec^  as  it  demanded  all  the  consideration  which  the  time  & other 
circumstances  would  allow  me  to  give.  I think  that  in  the  present  state  of 
things  such  an  arrangement  would  be  beneficial  & even  pleasing  to  those  most 
concerned  in  it  ; and  yet  I doubt  extremely  the  policy  of  your  proposing  it  to 
Cong!  The  objections  which  occur  to  me  are— i.  That  if  the  temper  & views 
of  Cong!  be  such  as  you  apprehend,  it  is  morally  certain  they  w'?  not  enter  into 
the  accommodation.  Nothing  therefore  w?  be  gained  & you  w^  have  to  com- 
bat under  the  disadvantage  of  having  forsaken  your  first  ground.  2.  If 
Cong!  shd  adopt  your  expedient  as  a ground  of  negotiation  with  G.  [Gardoqui] 
& the  views  of  S.  [Spain]  be  such  as  they  must  be  apprehended  to  be,  it  is  still 


1786]  JAMES  MONROE. 


TO  THOMAS  JEFFERSON. 

New  York,  Augt  19,  1786. 

Dear  Sir, — My  last  advis’d  you  of  the  progress  of 
Spanish  negociation  until  that  time  ; the  reference  of 
Jay’s  letter  to  a committee  was  I believe  the  point  at 
w^  it  rested ; but  to  enable  you  to  form  a satisfactory 
opinion  of  the  object  of  that  letter  I transcribe  the 
only  operative  paragraph  in  it — ''  I take  the  liberty 
therefore  of  submitting  to  the  consideration  of  Con- 
gress whether  it  might  not  be  advisable  to  appoint  a 
committee  with  power  to  instruct  and  direct  me  on 
every  point  and  subject  relative  to  the  proposed  treaty 
with  Spain.”  You  are  to  observe  his  only  ultimata  were 
respecting  the  Mississippi  and  the  boundarys ; the  com- 
mittee consisting  of  a member  ^ from  Massachusetts, 
Pettit  & myself  kept  it  about  two  months  and  at  length 
two  of  them  reported — that  they  be  discharged,  the 
letter  referred  to  a committee  of  the  whole,  and  Jay 
himself  ordered  to  attend.  It  was  agreed  to  with  this 
alteration  that  he  attend  Congress  to  explain  the  diffi- 


more  certain  that  it  be  rejected  on  that  side,  especially  under  the  flattering 
hopes  which  the  spirit  of  concession  in  Cong!  must  have  raised.  In  this  event 
the  patrons  of  the  measure  now  before  Cong!  w^  return  to  it  with  greater 
eagerness,  and  with  fresh  argum‘!  drawn  from  the  impossibility  of  making  bet- 
ter terms,  & from  the  relaxation  into  which  their  opponents  will  have  been  be- 
trayed. It  is  even  possible  that  a foresight  of  this  event  might  induce  a politic 
concurrence  in  the  experim^  Your  knowledge  of  all  circumstances  will  make 
you  a better  judge  of  the  solidity  or  fallacy  of  these  reflections  than  I can  be. 
I do  not  extend  them  because  it  W?  be  superfluous,  as  well  as  because  it  might 
lead  to  details  which  could  not  prudently  be  committed  to  the  mail  without  the 
guard  of  a cypher.” 

Notwithstanding  Madison’s  advice  the  proposed  plan  was  submitted  by  the 
Virginia  delegates,  and  rejected,  as  he  had  predicted,  August  29,  1786. 

^ Rufus  King. 


154 

THE  WRITINGS  OF 

[1786 

culties  stated  in  his  letter  & to  lay  before  them  a state 
of  the  negociation.  He  accordingly  came,  and,  being 
aware  objections  would  be  made  to  his  entering  into 
debate,  produced  a long  written  speech  ^ which  he  read 
in  virtue  of  his  office,  and  which  was  in  substance  as 
follows.  France  opposed  our  right  to  the  navigation 
of  the  Mississippi  and  in  case  of  a variance  with  Spain 
upon  that  point  would  be  against  us.  It  would  be  well 
to  be  on  good  terms  with  Spain  therefore  on  that  acc‘ 
as  well  as  to  avail  ourselves  of  her  influence  in  the 
councils  of  Portugal,  the  Italian  States  & the  Barbary 
powers,  also  those  of  France  herself.  That  Great 
Britain  would  rejoice  to  see  us  at  variance  with  Spain, 
and  therefore  wo?  foment  dissensions  between  us — 
that  in  case  this  treaty  failed,  Spain  mortified  and  dis- 
appointed in  the  eyes  of  all  Europe,  wo?  enter  into 
engagements  with  Britain  (or  in  resentment)  so  as  to 
exclude  us  from  her  ports.  For  these  reasons  and 
fully  to  obtain  the  confidence  & good  wishes  of  that 
power,  as  also  her  good  services  in  the  lines  aforesaid 
he  thought  it  wise  to  forbear  the  use  of  the  naviga- 
tion of  the  Mississippi  twenty  five  years  or  thirty  if 
necessary,  as  a condition  to  obtain  at  the  same  time 
the  following  liberal  articles  as  the  basis  of  a commer- 
cial treaty,  i.  All  commercial  regulations  shall  be  re- 
ciprocal, Spanish  merchants  in  the  ports  of  America 
and  American  merchants  in  those  of  Spain  & the 
Canaries  to  have  the  rights  of  native  merchants  of  the 
two  countries.  2.  To  establish  Consuls  in  their  re- 


* Secret  Journal  of  Congress — Foreign  Affairs — Aug.  3,  1786. 


1786]  JAMES  MONROE. 


spective  countries.  3.  The  bona  fide  manufactures 
& productions  of  both  parties,  tobacco  excepted,  to  be 
admitted  into  the  ports  aforesaid  in  the  vessels  of  both 
parties  upon  the  same  footing  as  if  they  were  their 
own  manufactures  & productions — and  further  that 
all  such  duties  & imposts  as  may  mutually  be  thought 
necessary  to  lay  on  them  by  either  party  shall  be 
regulated  on  principles  of  exact  reciprocity  by  a tariff 
to  be  formed  within  one  year  from  the  ratification  of 
the  treaty,  and  in  the  mean  time  they  shall  severally 
pay  in  the  ports  of  each  other  those  of  natives  only. 
4.  Masts  & timber  for  the  navy  to  be  bought,  provided 
they  be  as  cheap  as  in  other  countries.  This  was  the 
am‘  of  his  communications  as  to  the  project  which  he 
urged  our  adopting  by  all  the  arguments  he  could 
think  of — such  as  we  cannot  obtain  the  use  [of  the 
Mississippi]  and  therefore  it  is  of  no  consequence — 
we  must  now  decide — it  must  terminate  in  accommoda- 
tion, war  or  disgrace,  the  last  the  worst,  the  second 
we  are  unprepared  for,  the  first  the  preferable 
course — that  we  sho?  avail  ourselves  of  the  moment 
or  Britain  would — therefore  no  time  to  lose — with 
others  of  the  same  kind.  This  subject  hath  since  the 
above  communication  engaged  the  attention  of  Con- 
gress ten  days  past.  The  delegates  of  Massachusetts, 
who  are  his  instruments  on  the  floor,  moved  in  com- 
mittee to  repeal  his  ultimata  with  the  view  of  suffering 
him  to  proceed  at  pleasure,  and  upon  this  point  hath 
the  debate  turned.  It  hath  been  manifest  they  have 
had  throughout  seven  States  and  we  five — they  to 
Penn?  inclusive,  and  Delaware  being  absent — the  rest 


156 


THE  WRITINGS  OF 


[1786 


against  them.  We  deny  the  right  of  seven  States  to 
alter  an  instruction  so  as  to  make  it  a new  one,  but 
they  will  proceed  be  that  as  it  may,  the  treaty  in  that 
event  to  be  formed  and  presented  for  ratification.  To 
prevent  this  we  have  told  them  we  would  give  notice 
to  the  Secretary  of  the  incompetency  of  his  powers  as 
also  to  the  Resident  of  Spain,  to  justify  Congress  in 
refusing  to  ratify  if  they  should  chuse  it.  In  this  state 
it  remained,  without  any  new  proposition  until  yester- 
day, being  Friday.  We  stated  however  in  the  close  of 
the  day  that  we  would  agree  that  a treaty  be  formed 
upon  the  following  conditions — that  exports  be  admit- 
ted thro’  the  Mississippi  paying  at  New  Orleans,  as  a 
duty,  two  and  a half  per  cent,  ad  valorem  to  Spain,  to 
be  carried  thence  in  Spanish,  American  or  French  bot- 
toms— that  imports  be  prohibited  in  that  line.  If  this 
sho?  be  adopted  we  propose  to  change  the  scene  of 
negociation  & to  carry  it  to  Madrid,  to  take  it  out 
of  the  present  & put  into  your  & Adams’s  hands.  We 
fear  however  & with  too  much  reason  that  this  will 
fail.  Nothing  could  have  been  more  unfortunate  than 
even  the  agitation  of  this  subject.  It  has  lessened  the 
ground  on  which  we  stood  & given  Spain  hopes  she 
had  no  reason  to  calculate  on.  What  prospects  to 
the  general  interest  might  be  calculated  on  as  resulting 
from  deliberations  of  the  Convention  at  Annapolis 
must  be  diminished.  In  short  the  measure  strikes  me 
as  every  way  highly  injudicious.  I am  sorry  to  inform 
you  that  our  affairs  are  daily  falling  into  a worse  situa- 
tion, arising  more  from  the  intrigues  of  designing 
men  than  any  real  defect  in  our  system  or  distress  of 


1786]  JAMES  MONROE. 


our  affairs.  The  same  party  who  advocate  this 
business  have  certainly  held  in  this  city  Committees 
for  dismembering  the  Confederacy,  and  throwing  the 
States  eastward  the  Hudson  into  one  government. 
As  yet  this  business  hath  not  gone  far,  but  that  there 
sho^  be  a party  in  its  favor  & a man  heretofore  so  well 
respected,  but  in  my  opinion  so  little  known,  engaged 
in  it,  is  to  me  very  alarming.^ 

Congress  have  again  requir’d  money  for  the  ensue- 
ing  year,  including  that  part  of  the  principal  of  the 
foreign  loans  that  comes  due  in  that  time.  All  the 
States  except  New  York  & Penf  have  acceded  to  the 
impost  to  the  acceptation  of  Congress,  the  former 
hath  granted  the  revenue  accruing  from  it  but  hath 
not  made  the  collectors  so  amenable  to  Congress  as 
the  system  requires  and  the  other  States  have  done, 
& Pen?  hath  granted  the  impost  but  suspends  its 
operation  until  all  the  States  shall  have  granted  the 
supplemental  funds.  A committee  is  appointed  to 
attend  the  legislature  of  Pen?  on  this  subject,  & recom- 
mendation passed  to  the  Executive  of  New  York  to 
convene  the  legislature  to  take  the  s.'^  system  again 
into  consideration — they  meet  in  the  usual  term  in  the 
fall  or  commencement  of  the  winter.  They  have 
pass’d  an  ordinance  regulating  the  coin.  I have  been 
appriz^^  of  the  arrival  of  the  Encyclopedia  at  Balti- 
more, upon  the  cover  of  a letter  address’d  from  Mr 
Mazzei,  forwarded  thence  here,  but  have  not  heard  in 
whose  ship  or  under  whose  care  it  is  except  from  your 


In  cipher  to  this  point. 


•58 

THE  WRITINGS  OF 

[1786 

letters.  I have  since  my  last  rec^^  yours  of  the  lo.  of 
May — your  late  communications  on  the  commerci  sub- 
ject have  given  great  satisfaction  to  Congress.  We 
hope  the  monopoly  of  our  tob?  in  hands  of  the  farmers- 
gen!  will  ultimately  be  abolished.  The  services  of 
Monf  La  Fayette  are  acknowledged  & with  gratitude 
by  Congress. 

I shall  leave  this  abt.  the  first  of  OcF  for  Virginia, 
Fredericksburg.  Believe  me  I have  not  relinquished 
the  prospect  of  being  your  neighbour.  The  house  for 
which  I have  requested  a plan  may  possibly  be  erected 
near  Monticello — to  fix  there  & to  have  yourself  in 
particular,  with  what  friends  we  may  collect  around, 
for  society  is  my  chief  object,  or  rather  the  only  one 
which  promises  to  me,  with  the  connection  I have 
formed,  real  & substantial  pleasure,  if  indeed  by  the 
name  of  pleasure  it  may  be  called.  I inclose  you  some 
letters  for  yourself  & Miss  Patsy  to  whom  be  so  kind 
as  make  my  best  respects.  I am,  dear  sir,  very  affec- 
tionately yf  friend  & servant  Ja!  Monroe. 


TO  JAMES  MADISON. 

New  York,  Aug‘  30,  1786. 

Dear  Sir, — Since  my  last  we  have  been  from  day 
to  day  upon  the  business  w^  engag’d  us  when  you 
were  here.  They  carried  the  repeal  by  7.  states  in 
the  Committee  of  the  whole  & afterwards  in  the 
house.  We  mov’d  to  postpone  to  take  into  considera- 
tion the  plan  in  conformity  with  the  Idea  I suggested 
to  you,  in  which  we  enter’d  into  long  reasoning 


1786]  JAMES  MONROE. 


upon  the  Secr^’.®  project,  proving  if  we  were  well 
founded,  its  futility,  & disadvantages  in  many  in- 
stances, proposing  to  take  the  negotiation  out  of  his 
hands,  as  to  the  Mississippi  & the  boundaries,  com- 
mit them  to  our  charge  at  Madrid,  to  agree  on  princi- 
ples there,  the  treaty  to  be  concluded  here.  That 
2 Com"  be  added  to  him  to  enter  into  the  treaty  & 
the  three  authoriz’d  to  form  also  a commerc!  treaty, 
to  be  incorporated  together,  for  w^  five  States  voted. 
Their  repeal  was  afterwards  carried  by  7.  States  only 
— today — additional  instructions  being  added  to  their 
propositions  for  repeal,  respecting  the  boundaries, 
form’d  with  view  of  taking  in  Georgia,  were  also 
only  carried  by  7.  States.  The  president  reported 
today  the  chair  upon  the  propositions  altogether 
that  the  question  was  lost.  So  that  it  now  remains, 
will  Mf  Jay  proceed?  & I apprehend  he  will  not.  I 
have  avail’d  myself  of  a few  moments  to  drop  you 
this  & to  assure  you  of  my  friendship  & esteem. 

Ja?  Monroe. 


TO  JAMES  MADISON. 

New  York,  Sep!  i,  1786. 

Dear  Sir, — Some  time  since  I was  appointed  of 
the  Committee  to  attend  the  Pen?  Assembly,  contrary 
to  my  wishes,  & not  being  able  to  extricate  myself 
(having  apologiz’d  in  the  first  instance  upon  Mr? 
Monroe’s  indisposition  which  was  not  admitted  in  ex- 
pectation of  her  better  health)  am  now  under  the 
necessity  of  attending.  The  question  was  not  as  I 
suppos’d  taken  upon  the  whole  report  of  the  Commit- 


i6o 


THE  WRITINGS  OF 


[1786 


tee  of  the  whole — but  upon  the  subsequent  instruc- 
tion as  to  the  boundaries  only.  The  President  stated 
it  from  the  chair  to  be  upon  the  whole,  but  the  next 
day  qualified  it  as  meaning  the  whole  then  before  the 
house,  the  other  part  being  (as  to  the  repeal)  decided 
the  day  before.  We  suppos’d  the  question,  having 
been  taken  upon  the  several  amendments,  had  been, 
as  stated  above,  afterwards  taken  on  the  whole.  It 
is  enter’d  in  the  journals  as  carried  in  the  affirmative 
as  to  the  repeal— a motion  was  made  is  the  question 
carried  ? & laid  aside  by  the  previous  question.  It 
has  since  been  made  an  order  that  we  shall  not  move 
in  form  or  substance  any  proposition  which  has  been 
set  aside  by  the  previous  question,  unless  the  same 
number  of  States  are  present.  The  State  of  R 
Island,  being  ab^  to  leave  the  floor  which  their  delega- 
tion accordingly  did  immediately.  I shall  set  out  for 
PhiP  on  Monday  next.  Will  you  be  there  on  my 
arrival  ? Sincerely  y? 

Ja?  Monroe. 


TO  JAMES  MADISON. 

New  York,  Sep!:  3,  1786. 

Dear  Sir, — In  my  last  I advis’d  you  of  the  point 
to  w^  seven  States  had  brought  the  business.  After 
repealing  the  instruction  in  part,  entering  the  repeal 
affirmatively,  setting  aside  a motion  requiring  the 
sense  of  Congress  whether  the  repeal  was  valid  so  as 
to  give  a new  instruction  by  7.  States,  by  the  previous 
question,  & passing  an  order  to  prevent  our  moving 
it  again  untill  they  sho^  have  the  same  number  of 


1786]  JAMES  MONROE.  i6i 


States  on  the  floor,  on  their  part  the  thing  was  com- 
plete. I inform’d  you  also  of  our  propositions  & the 
number  of  States  for  them — it  was  on  Friday  last 
that  they  clos’d  the  business.  It  has  been  propos’d 
by  some  of  the  gent"  on  ours  to  notify  Jay  of  the 
opinion  of  the  5.  states  but  I think  we  shall  not  do 
this.  He  is  possess’d  of  course  of  our  sentiments  in 
the  official  way  ; to  communicate  them  otherwise  than 
thro  the  journals  might  have  an  intemperate  & fac- 
tious appearance.  We  have  as  yet  done  nothing  but 
under  the  Constitution  & almost  in  all  cases  y^  rules 
of  the  house,  nor  shall  we,  I apprehend.  Some 
gent"  on  their  side  hinted  their  determination  to 
withdraw  if  the  question  sho^  be  brought  on  as  to 
the  validity  of  the  repeal.  Whether  we  shall  take 
any  other  steps  is  undecided.  I doubt  the  propriety 
of  so  doing  further  than  moving  for  permission  to 
transmit  copies  of  the  journals  to  the  States  for  their 
information  & to  obt"  instructions  to  their  delega- 
tions. I sho^  suppose  the  Secry.  wo^  not  proceed 
untill  he  finds  himself  supported  by  the  States  to 
whom  the  7.  delegations  belong.  Upon  Jersey  & 
Pen^  then  it  rests.  To  engage  their  leading  men  is 
now  the  object.  Most  probably  he  has  already  con- 
sulted them  but  his  consultations  & those  of  his 
party  I doubt  not  have  been  founded  on  partial 
representations.  To  remove  their  impression  a view 
of  the  journals  may  be  necessary.  I consider  the 
party  especially  Jay  & the  principal  advocates  as 
having  gone  too  far  to  retreat.  They  must  either 
carry  the  measure  or  be  disgraced  (as  the  principal 


VOL.  1. — II 


i62 


THE  WRITINGS  OF 


[1786 


already  hath  been  by  the  vote  of  5.  States),  & sooner 
than  suffer  this  they  will  labour  to  break  the  Union. 
I therefore  suspect  they  have  been  already  (and  in- 
deed have  too  much  reason  for  my  suspicions)  in- 
triguing with  the  principal  men  in  these  States  to 
effect  that  end  in  the  last  resort.  They  have  even 
sought  a dismemberm^  to  the  Potomack  & those  of 
the  party  here  have  been  sounding  those  in  office 
thus  far.  To  defeat  the  measure  therefore  completely 
we  must  follow  their  movements  & counteract  them 
every  where,  advise  the  leading  men  of  their  de- 
signs, the  purposes  they  are  meant  to  serve  and 
in  event  of  the  worst  extremity  prepare  them  for  an 
union  with  the  Southern  States.  I fear  some  of 
those  in  Pen^  will  have  a contrary  affection.  But  it 
must  be  remov’d  if  possible.  A knowledge  that  she 
was  on  our  side  wo^  blow  this  whole  intrigue  in  the 
air.  To  bring  this  ab^  therefore  is  an  important 
object  to  the  Southern  interest.  If  a dismembermt. 
takes  place  that  State  must  not  be  added  to  the  east- 
ern scale.  It  were  as  well  to  use  force  to  prevent  it 
as  to  defend  ourselves  afterwards.  I consider  the 
convention  of  Annapolis  as  a most  important  era  in 
our  aff^"  The  Eastern  men  be  assur’d  mean  it  as 
leading  further  than  the  object  originally  compre- 
hended. If  they  do  not  obtain  that  things  shall  be 
arrang’d  to  suit  them  in  every  respect,  their  intrigues 
will  extend  to  the  objects  I have  suggested  above. 
Pen^  is  their  object.  Upon  succeeding  or  failing 
with  her  will  they  gain  or  lose  confidence.  I doubt 
not  the  emissaries  of  foreign  countries  will  be  on  the 


1786]  JAMES  MONROE.  163 


ground.  In  short  I do  consider  this  convention  as 
requiring  your  utmost  exertions,  in  the  change  things 
will  infallibly  take,  as  well  to  obtain  good  as  to  pre- 
vent mischief.  Mr.  Randolph  will  I hope  devote 
himself  to  the  publick  upon  this  occasion  & not  suffer 
himself  to  be  taken  off  by  his  professional  pursuits 
before  the  convention  dissolves.  I write  you  freely 
without  the  cover  of  a cypher  knowing  you  have  not 
yours  with  you.  Indeed  I fear  nothing  to  the  pub- 
lick  or  myself  from  a publication,  for  I am  satisfied  if 
the  publick  were  acquainted  with  the  conduct  of  these 
unworthy  servants  their  consequence  wo^  be  of  but 
short  duration.  Prevail  I beg  of  you  on  Colo.  Mason 
to  attend  the  Convention.  It  will  give  him  data  to 
act  on  afterwards  in  the  State. 

Very  sincerely  I am  yr  friend  & serv‘ 

Ja?  Monroe. 

I have  always  considered  the  regulation  of  trade  in 
the  hands  of  the  U.  S.  as  necessary  to  preserve  the 
Union.  Without  it,  it  will  infallibly  tumble  to  pieces. 
But  I earnestly  wish  the  admission  of  a few  additional 
States  into  the  Confederacy  in  the  Southern  scale. 


TO  JAMES  MADISON. 

Phil^,  Sep'  12,  1786. 

Dear  Sir, — I arriv’d  here  a few  days  since  to  press 
on  the  legislature  of  this  State  a separation  of  the  im- 
post from  the  supplem!  funds.  I have  the  most  satis- 
factory evidence  they  will  reject  the  proposition.  We 


164 

THE  WRITINGS  OF 

[1786 

proceed  therefore  further  merely  to  discharge  our 
duty — both  parties  are  united  in  opposition  to  it.  To- 
morrow we  shall  be  rec^l  by  the  legislature.  I am 
sorry  I came  on  the  business — Before  this  you  have 
rec^l  my  letters  informing  of  the  subsequent  progress 
& final  close  of  the  business  which  lately  engag’d  us 
in  Congress  ; or  rather  so  far  as  it  depended  on  their 
direction.  By  agreement  nothing  was  to  be  done  in  it 
untill  our  return.  I expect  to  sit  out  back  in  a day  or 
two.  It  will  depend  much  on  the  opinion  of  Jersey  & 
Pen?  as  to  the  movements  of  Jay — and  that  of  Jersey 
much  on  that  of  Mr  Clark  now  with  you  at  Annapolis. 
He  put  Hornblower  in  Congress  & may  turn  him  out 
agfi,  for  he  has  no  positive  weight  of  his  own.  Clark 
has  always  been  anxious  for  taking  the  western  lands 
from  us.  I sho^  suppose  him  inclin’d  to  turn  it  to  the 
best  accr  I conclude  therefore  that  if  he  knows  the 
delegation,  especially  his  part  of  it,  pursue  a system  of 
policy  so  contrary  to  his  own,  & to  what  is  in  effect 
the  interest  of  his  country,  he  wo^l  dismiss  Mf  Horn- 
blower — Perhaps  you  maybe  able  to  hint  to  Mf  Clark 
that  Jersey  except  Symes  was  with  the  eastern  States 
upon  this  occasion.  McHenry  of  the  MaryP  delega- 
tion has  referr’d  Mf  Stone  to  you  for  information  upon 
this  subject  by  my  request.  Mf  Stone ' is  my  friend 
and  a very  upright  sensible  man.  You  will  show  him 
what  part  of  my  letters  you  find  necessary.  The 
ablest  men  here  believe  & act  on  it,  in  the  rejection  of 
the  proposition,  that  the  refusal  to  separate  the  2.  parts 


^ Thomas  Stone.  He  had  served  in  Congress,  as  a delegate  from  Maryland, 
in  1784. 


1786]  JAMES  MONROE.  165 


of  the  system  ^ endangers  the  gov‘ — and  that  it  will 
most  probably  induce  a change  of  some  kind  or  other. 
It  is  well  for  the  Southern  States  to  act  with  great 
circumspection  & to  be  prepar’d  for  every  possible 
event — to  stand  well  with  the  M iddle  States  especially — 
I sincerely  wish  you  to  suffer  no  anxiety,  and  to  put 
yourself  to  no  inconvenience  upon  our  private  affair — 
I have  no  occasion  for  the  money  untill  ab.  the  5.  or 
IO^^  of  Octf  to  help  to  remove  me  to  Virg^  and  even 
then  it  will  be  in  my  power  to  do  without  it,  with 
tolerable  convenience,  if  you  sho*?  find  it  inconvenient 
to  command  it.  Believe  me  it  will  put  me  to  no  incon- 
venience. My  engagements  are  but  few  & those  with- 
in my  controul — Let  me  hear  from  you  as  often  as 
possible — Remember  me  to  Col?  Tucker  & his  lady,  to 
the  rest  of  y?  colleagues  & to  Mr.  Stone  & believe 
me,  sincerely  y?  friend  & servant, 

jAf  Monroe. 

Colo.  Grayson  ^ came  with  me  in  the  interval  to  re- 
lax from  business  & meet  his  lady  here.  She  is  with 


^ Impost  and  Supplementary  funds. 

^ Col.  William  Grayson  had  served  in  the  Revolution.  He  was  at  the  bat- 
tles of  Long  Island,  White  Plains,  Brandywine,  and  Germantown,  and  com- 
manded the  advance  guard  at  Monmouth.  He  was  a delegate  to  the  Continental 
Congress  for  three  years,  1784-7.  In  1788,  as  a member  of  the  Virginia  Con- 
Tention,  he  was  one  of  the  ablest  supporters  of  Patrick  Henry  in  opposition  to 
the  unconditional  ratification  of  the  Constitution.  After  its  adoption  Richard 
Henry  Lee,  who  had  also  opposed  it,  and  Grayson  were  nominated  by  Henry, 
and  elected  by  the  legislature,  as  the  first  Senators  from  Virginia  under  that 
instrument,  over  James  Madison,  who  was  also  a candidate — Lee  receiving  98 
votes,  Grayson  86,  and  Madison  77.  Col.  Grayson  took  his  seat  in  the  Senate, 
May  21,  1789,  but  the  disease  which  afflicted  him  at  the  date  of  the  above 
letter  became  chronic,  and  he  died  of  the  gout,  at  Dumfries,  Va. , March  12, 
1790,  while  on  his  way  to  Congress. 


I 


166 

THE  WRITINGS  OF 

[1786 

him — but  unfortunately  he  is  afflicted  with  an  extr?' 
disease — the  physicians  differ  in  the  name — he  is  often 
delirious — is  afflicted  with  strange  fancies  & appre- 
hensions, in  the  morning  he  is  better  than  in  the  lat- 
ter end  of  the  day  & night,  at  w^  time  his  infirmity 
rages.  It  is  supposed  by  some  to  be  the  floating 
gout.  Shippen  calls  it  a bilious  affection  of  the 
nerves.  The  very  close  attention  he  hath  paid  to 
business  with  the  laborious  exercise  of  the  mind  & the 
want  of  that  of  the  body  I fear  hath  given  birth  to  it. 
Today  he  hath  been  better  than  heretofore. 


TO  JAMES  MADISON. 

New  York,  SepV  29,  1786. 

Dear  Sir, — Since  my  last  it  has  been  propos’d  that 
each  delegation  be  at  liberty  to  communicate  to  the 
legislature  of  yf  state  to  w^  they  belong  the  project  of 
Ml"  Jay  & the  proceedings  of  Congress  thereon,  & 
negativ’d.  The  Journal  has  been  handed  to  Mf  Jay. 
As  yet  he  has  said  nothing  nor  have  we  information 
what  course  he  means  to  take  except  from  those  here 
in  his  party,  who  affirm  he  will  proceed.  I wrote 
some  weeks  since  to  Col?  Mason  upon  this  subject, 
at  the  time  I wrote  Govf  Henry,  but  have  rec'!  no  an- 
swer from  him  ; from  w^  circumstance  as  well  as  that 
of  R.  H.  Lee’s  being  in  the  opposite  sentiment,  there 
is  room  to  conjecture  he  is  not  with  us.  R.  H.  L.,  I 
conclude  has  been  influenc’d  by  Arthur,^  who  has 
been  intrigu?  on  the  other  side  to  serve  his  own  pur- 


’ Lee. 


1786]  JAMES  MONROE.  167 


poses,  & leaving  the  business  of  the  treasury  M to 
Billy  Duer.  Bland  is  also  in  the  Assembly  so  that 
possibly  the  party  in  favor  of  this  project  may  have 
advocates  with  us.  I hope  Col°  Grayson  hath  recov- 
er’d. Be  so  kind  as  make  my  best  respects  to  himself 
& lady  & believe  me  yf  friend  & servant 

Ja!  Monroe. 


TO  THOMAS  JEFFERSON. 

New  York,  Oct’r  12,  1786. 

Dear  Sir, — Since  my  last  I have  receiv’d  yours  of 
the  9 of  July.  I advis’d  you  therein  of  the  progress 
that  had  been  made  by  Mr.  Jay  in  the  Spanish  nego- 
tiation,— that  he  had  brought  a project  before  Con- 
gress for  shutting  the  Mississippi  and  not  for  opening 
it  for  the  term  of  twenty-five  or  thirty  years,  combin’d 
with  some  commercial  stipulations ; the  latter  to  be 
the  price  of  the  former.  Although  admitted  they 
open’d  no  new  port  nor  admitted  us  into  those  now 
opening  upon  better  terms  than  those  we  now  enjoy. 
Since  this  project  was  presented,  the  negotiation  has 
been  more  with  Congress  to  repeal  the  ultimata  than 
with  Spain  to  carry  the  instructions  into  effect.  I in- 
form’d you  of  the  proposition  from  Massachu.  for  the 
repeal  in  Committee  of  the  whole.  This  was  carried 
by  Penna.  inclusive  eastward  ; Maryl’d  inclusive  south- 
ward being  ag’nst  it.  Delaware  was  absent.  In  the 
house  we  mov’d  to  postpone  the  report  of  the  Com- 
mittee in  order  to  take  up  propositions  to  the  follow- 
ing effect : that  the  negotiation  as  to  the  Mississippi 
& the  boundaries  be  taken  out  of  the  hands  of  the 


i68 


THE  WRITINGS  OF 


[1786 


Secretary  & committed  to  Carmichael,  the  following 
points  to  be  agreed  on  there  & afterwards  concluded 
here.  ist.  That  New  Orleans  be  made  an  entrepot 
for  exports  that  they  be  shipp’d  thence  in  the  bot- 
toms of  America,  Spain  & France,  under  the  regula- 
tions of  each  party.  2d.  That  they  pay  at  s d port  a 
duty  of  2^  p r cent  m advalorem  to  the  crown  of  Spain 
as  a compensation  for  port  duties.  3d.  That  imports 
be  prohibited.  4th.  That  the  instructions  of  Annapo- 
lis be  revivd  as  the  basis  of  a treaty  of  commerce. 
5th.  That  two  additional  commissioners  be  appointed 
with  equal  powers  with  the  Secretary  to  conclude  the 
same.  Upon  this  there  was  precisely  the  same  di- 
vision. The  question  was  then  taken  on  the  report 
& carried  by  7 States.  Upon  this  the  following  prop- 
osition was  mov’d  ‘‘  Is  the  repeal  constitutionally 
carried  by  7 States  so  as  to  give  a new  instruction 
materially  different  from  the  former”  & set  aside  by 
the  previous  question— We  are  told  he  will  proceed, 
but  of  this  have  no  certain  information.  It  is  extraor- 
dinary he  should  have  taken  up  the  subject  of  trade, 
as  powers  upon  principles  that  applied  to  all  nations 
alike  had  already  been  given  under  a commission 
which  had  at  the  time  his  were,  near  one  year  to  run 
to  form  a treaty  with  Spain,  w’h  were  not  repeal’d  by 
these  nor  the  subject  mention’d  except  by  a distant 
implication.  I do  suspect  the  business  rests  for  the 
present  until  the  new  Delegates  take  their  seats,  in 
which  case  he  will  be  govern’d  by  circumstances.  I 
suspect  the  point  will  ultimately  be  carried,  but  this 
is  yet  doubtful  I forgot  above  to  mention  the  nego- 


1786]  /AMES  MONROE.  169 


tiation  was  to  have  been  carried  on  in  our  propositions 
under  the  mediation  of  France.  I sit  out  to-morrow 
for  Virginia  with  Mrs.  Monroe  by  land — my  residence 
will  be  for  the  present  in  Fredericksburg — my  atten- 
tion is  turn’d  to  Albemarle  for  my  ultimate  abode — 
the  sooner  I fix  there  the  more  agreeable  it  will  be  to 
me.  I sho’d  be  happy  to  keep  clear  of  the  bar  if 
possible  & at  present  I am  wearied  with  the  business 
in  w’h  I have  been  engag’d.  It  has  been  a year  of  ex- 
cessive labor  & fatigue  & unprofitably  so.  What  you 
find  in  the  journals  especially  the  regulation  of  the 
coin,  pass’d  upon  the  report  of  the  B’d  of  treasury 
without  examination — or  with  very  little — our  minds 
were  generally  at  the  time  otherwise  engag’d.  Mr. 
Madison  & myself  have  been  desirous  if  possible  of 
forming  an  engagement  for  land  in  this  State  which 
would  hereafter  put  us  at  ease.  He  promis’d  me  to  ad- 
vise you  of  it  and  to  tell  you  of  our  little  plan.  If  it 
were  an  object  with  you  to  sell  your  property  in  my 
estimation  a better  opportunity  cannot  present  itself. 
I shall  write  you  more  fully  on  my  arrival  home  on 
many  publick  affairs,  which  at  present  I have  not 
leisure  for.  Tell  Short  he  has  the  friendship  of  the 
delegation  & always  will  have  it — no  appointm’t  of 
secretary  of  legation  will  take  place  to  that  C’t  & if 
one  did  he  wo’d  have  the  good  wishes  of  our  State — I 
am  affectionately  your  friend  & serv’t 

Ja.  Monroe. 


By  the  Articles  of  Confederation,  no  delegate  in  Congress  was 
eligible  to  serve  more  than  three  years  in  six.  Monroe  having 


170 

THE  WRITINGS  OF 

[1786 

served  three  terms,  extending  from  November,  1783,  to  November, 
1786,  was  ineligible  for  another  term.  He  returned  to  Virginia 
and  settled  in  Fredericksburg,  where  he  commenced  the  practice 
of  law.  Soon  after  this  he  was  elected  to  the  Virginia  Legislature. 
He  was  succeeded  in  Congress  by  James  Madison,  who  had  pre- 
viously held  a seat  in  that  body  four  years,  1779-83,  the  Articles 
of  Confederation  not  having  taken  effect  until  their  ratification, 
March  i,  1781. 


TO  JAMES  MADISON. 

Spring  Hill,  16  Deer.,  1786. 

Dear  Sir, — It  have  always  suited  me  for  you 

to  pay  the  sum  I am  in  advance  for  you  in  New  York 
the  last  of  this  or  the  first  or  middle  of  next  month  as 
well  as  by  any  other  disposition  I co^^  have  made  of  it. 
Indeed  I reserv’d  it  to  discharge  some  small  engag- 
ments  of  mine  w^  became  due  there  ab^  that  time. 
My  engagmf  for  Major  Pinckney  by  w^  I am  to  pay 
200  doPf  here,  w^  he  will  replace  in  N.  Y^,  makes  it 
convenient  but  by  no  means  necessary,  to  admit  the 
proposal  of  paying  that  sum  before  that  time — w^  if 
perfectly  convenient  to  yfself  you  will  make  to  Mf 
Jones — but  as  I flatter  myself  I shall  otherwise  be 
able  to  provide  for  these  engagments  I must  beg  of 
you  to  subject  yfself  to  no  inconvenience  respecting 
them.  Of  these  circumstances  I intended  advising 
you  on  yf  way  to  the  northward  upon  w^  occasion  we 
hop’d  you  wo^^  take  us  in  y^  route.  We  have  been  in 
ill  health  since  my  return  but  have  nearly  recover’d. 
Mrf  Monroe  is  as  well  as  usual  & I have  for  some 
days  been  reliev’d  from  the  pain  in  the  face  & from 
what  accompanied  it — when  do  you  set  out  for  N. 


1787]  JAMES  MONROE.  171 


Yk.  ? — Have  you  heard  anything  from  the  other 
States  ? Do  they  take  correspondent  measures  with 
our  Legislature  upon  federal  subjects  ? 

I am  sincerely  y^  fr"'^  & serv‘ 

Ja!  Monroe. 


TO  JAMES  MADISON. 

Fredericksburg,  May  23,  1787. 

Dear  Sir, — My  leisure  furnishes  me  with  the  op- 
portunity but  the  country  around  does  not  with  the 
materials  to  form  a letter  worthy  your  attention.  The 
scale  of  my  observations  is  a narrow  one  & confin’d 
entirely  within  my  room  : & the  subjects  of  my  re- 
searches in  which  I am  but  seeking  to  make  some 
proficiency,  as  I sho^^  only  detail  to  you  the  sentiments 
of  others,  give  me  nothing  to  supply  the  deficiency. 
We  all  look  with  great  anxiety  to  the  result  of  the 
Convention  at  Phil?  Indeed  it  seems  to  be  the  sole 
point  on  which  all  future  mov’ments  will  turn.  If  it 
succeeds  wisely  & of  course  happily,  the  wishes  of  all 
good  men  will  be  gratified.  The  arrangements  must 
be  wise,  and  every  way  well  concerted,  for  them  to 
force  their  way  thro’  the  States.  The  experience  of 
the  federal  gov‘  hath  taught  Congress,  or  rather  those 
who  have  compos’d  it,  the  sentiments  of  the  several 
States  upon  the  subject  of  the  powers  it  sho^  possess. 
Yet  it  may  by  some  be  thought  doubtful,  whether  it 
hath  not  taught  them  that  it  will  be  almost  impossible 
to  adopt  any  plan  that  will  have  the  concurrence  of 
all  the  States  ; or  if  it  hath,  that  will  be  of  any  dura- 
tion afterwards.  It  is  however  the  business  of  every 


172 


THE  WRITINGS  OF 


[1787 


passenger  to  do  what  he  thinks  right  & to  hope  that 
others  will  act  on  the  same  principle.  I have  to  ac- 
knowledge yf  kind  attention  to  my  aff"®  in  N.  York  & 
particularly  for  the  dispatch  of  my  furniture  & the  ad- 
vance I find  you  have  been  under  the  necessity  of 
making  for  me.  I am  sorry  to  find  it  probable  that 
my  share  of  Mordicai  s effects  (when  obtain’d)  will 
not  even  reimburse  this  sum.  At  what  time  I shall 
be  able  to  make  up  the  deficiency  as  well  as  remit  the 
am^  & for  the  completion  of  our  contract  with  Taylor 
I cannot  precisely  say.  I have  hopes  of  effecting  it 
soon,  but  can  give  no  assurance  with  certainty.  I have 
not  heard  of  the  furniture  since  it  sail’d  but  suspect  it 
is  at  Norfolk,  from  whence  I have  taken  measures  for 
its  removal.  I am,  dear  sir,  yl  friend  & serv5 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Fredericksburg,  July  27,  1787. 

Dear  Sir, — I can  scarcely  venture  on  an  apology 
for  my  silence  for  some  time  past  but  hope  notwith- 
standing to  be  forgiven.  Since  I left  N.  Y\  I have 
been  employ’d  in  the  discharge  of  duties  entirely  new 
to  me,  oftentimes  embarrassing  & of  course  highly 
interesting,  but  w^  have  sought  the  accomplishment  of 
only  a few  objects.  In  Octf  last  I was  admitted  to 
the  bar  of  the  of  Appeal  & Ch’ ^ & the  April 
following  of  the  Gen!  Court.  In  the  course  of  the 
winter  I mov’d  my  family  to  this  town,  in  w^  I have 
taken  my  residence  with  a view  to  my  profession. 


1787] 


JAMES  MONROE. 


173 


These  pursuits  tho’  confin’d  have  not  been  attended 
with  the  less  difficulty.  A considerable  part  of  my 
property  has  consisted  in  debts,  and  to  command  it  or 
any  part  of  it,  hath  been  no  easy  matter.  Indeed  in 
this  respect  I have  fail’d  almost  altogether.  Several 
considerations  have  induc’d  me  to  prefer  this  place  for 
the  present,  the  principal  of  w^  is  the  command  of  an 
house  and  other  accomodations  (the  property  of 
Mr  Jones)  upon  my  own  terms.  My  standing  at  the 
bar  hath  been  so  short,  that  I cannot  judge  of  it  in 
that  respect,  tho’  am  inclined  to  believe  it,  not  an 
inelegible  position  for  one  of  that  profession.  But  I 
consider  my  residence  here  as  temporary,  merely  to 
serve  the  purpose  of  the  time,  and  as  looking  forward 
to  an  establishment  somewhere  on  this  side  the 
mountains,  and  as  convenient  as  possible  to  Monti- 
cello.  Mr  Jones  is  in  ill  health  & begins  to  be 
satisfied  his  existence  depends  in  a great  degree  upon 
a similar  position.  I have  earnestly  advis’d  him  to 
move  up  & at  least  make  the  experiment.  Mrf 
Monroe  hath  added  a daughter  to  our  society  who  tho’ 
noisy,  contributes  greatly  to  its  amus  ment.  She  is 
very  sensibly  impress’d  with  your  kind  attention  to 
her,  & wishes  an  opportunity  of  shewing  how  highly 
she  respects  & esteems  you.  With  the  political  world 
I have  had  little  to  do  since  I left  Congress.  My 
anxiety  however  for  the  genl  welfare  hath  not  been 
diminish’d.  The  affairs  of  the  federal  government 
are,  I believe,  in  the  utmost  confusion.  The  con- 
vention is  an  expedient  that  will  produce  a decisive 
effect.  It  will  either  recover  us  from  our  present  em- 


174 

THE  WRITINGS  OF 

[1787 

barrassments  or  complete  our  ruin  ; for  I do  suspect 
that  if  what  they  recommend  shol  be  rejected  this 
wo^^  be  the  case.  But  I trust  that  the  presence  of  Genl 
Washington  will  have  great  weight  in  the  body  itself 
so  as  to  overawe  & keep  under  the  demon  of  party,  & 
that  the  signature  of  his  name  to  whatever  act  shall 
be  the  result  of  their  deliberations  will  secure  its  pas- 
sage thro’  the  union. 

The  county  in  w’^  I reside  have  plac’d  me  in  the 
Legislature.  I have  been  mortified  however  to  accept 
this  favor  from  them,  at  the  expence  of  Page.  I 
suppos’d  it  might  be  serviceable  to  me  in  the  line  of 
my  profession — my  services  have  been  abroad,  & 
the  establishm^  others  have  gain’d  at  the  bar  in  the 
meantime  requires  every  effort  in  my  power  to  re- 
pair the  disadvantage  it  hath  subjected  me  to.  The 
Governor,^  I have  reason  to  believe  is  unfriendly  to  me 
& hath  shewn  (If  I am  well  inform’d)  a disposition 
to  thwart  me  ; Madison,  upon  whose  friendship  I 
have  calculated,  whose  views  I have  favorl,  and  with 
whom  I have  held  the  most*  confidential  correspond- 
ence since  you  left  the  continent,  is  in  strict  league 
with  him  & hath  I have  reason  to  believe  concurr’^^  in 
arrangements  unfavorable  to  me  ; a suspicion  sup- 
ported by  some  strong  circumstances  that  this  is  the 
case,  hath  given  me  great  uneasiness — however  in  this 
I may  be  disappointed  & I wish  it  may  be  so.  I shall 
I think  be  strongly  impressed  in  favor  of  & inclined 
to  vote  for  whatever  they  will  recommend.  I have 


^ Edmund  Randolph.  He  was  also  one  of  the  Virginia  delegates  to  the 
Constitutional  Convention. 


1 7871  JAMES  MONROE. 


heard  from  Beckley  tho’  not  from  himself  (who 
accompanied  the  Governor  up,  in  expectation  of  being 
appointed  clerk)  they  had  agreed  upon  giving  the 
United  States  a negative  upon  the  laws  of  the  several 
States,  if  it  can  be  done  consistently  with  the  constitu- 
tion of  the  several  States — indeed  it  might  be  well  to 
revise  them  all  & incorporate  the  fed!  constitution  in 
each.  This  I sho^^  think  proper — it  will  if  the  body  is 
well  organiz’d,  be  the  best  way  of  introducing  uni- 
formity in  their  proceedings  that  can  be  devis’d,  of  a 
negative  kind,  or  by  a power  to  operate  indirectly. 
But  a few  months  will  give  us  the  result  be  it  what  it 
may.  You  mentioned  in  y'"  last  the  injury  you  had 
sustain’d  in  yf  wrist.  How  did  it  happen  ? I hope 
you  found  Y south  of  advantage — y^ 

Daughters  I hope  are  well — nothing  be  assur’d  will 
give  me  more  pleasure  than  to  hear  from  you  fre- 
quently. If  I can  be  of  service  in  J private  aff''f  in  any 
line,  or  with  respect  to  Peter  Carr,^  I beg  you  to 
command  me.  It  will  always  be  convenient  for  me  to 
attend  to  anything  of  that  kind,  either  in  person  or  by 
a suitable  messenger.  I am  dear  sir  your  affectionate 
friend  & servant.  Ja?  Monroe. 

Where  is  Short  ? how  is  he — remember  me  to  him. 


TO  JAMES  MADISON. 

Richmond,  Octr  13,  1787. 

Dear  Sir, — I was  favor’d  with  yours  by  Mf  Blair, 
and  a late  one  covering  one  from  M5  Jefferson,  a few 


* Jefferson’s  nephew. 


1 76  THE  WRITINGS  OF  [1787 

days  since.  I sho^^  have  answer’d  the  former  sooner 
but  defer  d it  untill  my  arrival  here  whither  I was  at 
that  time  on  the  point  of  setting  out.  Mrf  M.  accom- 
panied me  & will  remain  untill  my  return  w^  will  not 
be  untill  the  adjournm^  of  the  Assembly.  The  report 
from  Philf ' hath  presented  an  interesting  subject  to 
their  consideration.  It  will  perhaps  agitate  the  minds 
of  the  people  of  this  State  more  than  any  subject  they 
have  had  in  contemplation  since  the  commencem‘  of 
the  late  revolution,  for  there  will  be  a greater  division 
among  the  people  of  character  than  then  took  place, 
provided  we  are  well  informed  as  to  the  sentiments  of 
many  of  them.  It  is  said  that  Mf  Henry,  Gen!  Nel- 
son, Harrison  & others  are  against  it.  This  insures 
it  a powerful  opposition  more  especially  when  associ- 
ated with  that  of  the  2.  dissenting  deputies.^  There 
are  in  my  opinion  some  strong  objections  agnst  the 
project,  w^  I will  not  weary  you  with  a detail  of.  But 
under  the  predicament  in  w^  the  Union  now  stands  & 
this  State  in  particular  with  respect  to  this  business, 
they  are  over  balanc’d  by  the  arguments  in  its  favor. 
The  Assembly  will  meet  to  morrow,  & we  have  reason 
to  believe  we  shall  have  an  house  the  first  or  2^  day. 
We  shall  soon  find  how  its  pulse  beats,  & what  direc- 
tion this  business  will  take.  I believe  there  will  be 
no  opposition  to  a convention.  However  of  this  I shall 

^ The  Philadelphia  Convention— having  framed  the  Constitution,  and  passed  a 
resolution  that  it  should  be  laid  before  Congress,  with  a recommendation  that  it 
should  be  submitted  for  ratification  “ to  a Convention  of  Delegates  chosen  in 
each  State  by  the  people  thereof,  under  the  recommendation  of  its  Legislature 
— had  adjourned  sine  die  Sept.  17,  1787. 

Edmund  Randolph  and  George  Mason,  two  of  the  Virginia  delegates,  had 
refused  to  sign  the  Constitution  as  approved  by  the  Convention. 


1787]  JAMES  MONROE. 


be  able  to  give  you  better  information  in  a few  days. 
I am  happy  to  hear  you  have  rec?  100  dol?  from  Gen. 
— for  his  brother — Govf  Pinckney.  I have  been  much 
concern’d  that  I have  not  been  able  to  remit  you  the 
sums  that  have  been  necessary  to  replace  y^  advances 
as  well  as  fulfil  our  engagement  with  Taylor.  But  as 
yet  I am  unable  to  do  it.  I had  calculated  on  considera- 
ble sums  that  were  due  me,  some  contracted  in  a way 
that  seem’d  to  ensure  a payment  soon  after  demanded. 
In  the  latter  instance  I have  been  entirely  disappointed. 
This  induc’d  me  to  have  recourse  to  other  means  with 
those  on  whom  I had  not  that  claim.  But  the  ad- 
ministration of  justice  here  did  not  promise  an  early 
decision  in  my  favor.  Fortunately  I have  lately  ob- 
tain’d a judgmt.  against  a man  of  property  for  near 
400  £.  It  is  however  under  such  circumstance  that 
it  is  possible  for  him  to  throw  it  into  Ch?',  altho  the 
event  of  the  business  wo^^  infallibly  be  as  it  now  stands. 
Provided  I will  wait  a few  weeks  he  now  promises,  as 
at  first  he  did,  to  pay  it.  But  he  hath  & may  still 
disappoint  me,  & if  I serve  an  execution  on  him  he 
may  take  the  course  suggested  above.  I give  you 
this  detail  merely  to  inform  you  of  my  prospects,  and 
at  the  same  time  to  suggest  the  propriety  of  disingag- 
ing myself  from  the  contract,  [if  Taylor  considers  him- 
self injur’d  & cannot  wait  the  result]  & of  requesting 
you  to  do  it  for  me  upon  the  most  advantageous  terms. 
I sho^^  not  suggest  this  to  you  if  I did  not  know  that  it 
were  equally  difficult  for  you  to  raise  the  money  as  for 
myself — perhaps  from  this  cause  both  yours  & my 
credit  are  at  this  time  suffering — which  must  not  be. 

VOL.  I.  —12 


M 

00 

THE  WRITINGS  OF 

[1787 

TO  JAMES  MADISON. 

Richmond,  Dec’r6,  1787. 

Dear  Sir, — I have  had  hopes  of  being  able  to  give 
you  something  from  the  proceedings  of  the  Assembly 
of  an  interesting  nature  which  might  also  be  agreea- 
ble— but  perhaps  yr.  wishes  in  this  respect  may  not 
even  yet  be  gratified.  The  resolutions  respecting  ye 
Constitution  you  have  long  since  receiv’d.  In  those 
you  find  no  provision  for  the  pay  or  priviledges  of 
the  members  of  the  Convention — those,  especially  the 
former,  were  thought  the  subject  matter  for  an  act  & 
were  separated  from  them.  A few  days  since  reso- 
lutions were  brought  in  by  Mr.  Hopkins  & sup- 
ported by  Mess’rs  Henry  & Mason  for  this  purpose 
& providing  funds  for  defraying  ye  expense  of  Depu- 
ties to  attend  other  convention  or  conventions  of  the 
States,  if  this  convention  shd.  think  ye  measure  ex- 
pedient, wh.  were  adopted  by  the  house  by  a majority 
of  abt.  15,  the  bill  is  not  yet  brought  in — The  B. 
[ritish]  debt  business  ^ hath  also  been  another  subject  of 
usurous  management — resolutions  of  absolute  repeal 
pass’d  the  committee  first  by  a great  majority — with- 
out any  apparent  necessity.  Mess’rs  Mason  & Nicho- 
las who  advocated  them  agreed  to  a clause  of  suspen- 
sion until  the  other  States  shod,  pass  similar  laws  of 
repeal.  When  the  bill  was  under  discussion  yester- 
day Nicholas  who  had  been  most  active  & zealous  in 
the  business  chang’d  his  former  ground  in  every  in- 
stance and  acceded  to  the  proposition  of  Mr.  Henry 
wh.  suspended  its  effect  until  G.  B.  shall  have  com- 


Repealing  acts  previously  passed  to  prevent  the  recovery  of  British  debts. 


1787]  JAMES  MONROE.  179 


plied — owning  himself  convinc’d  by  the  arguments 
that  had  been  us’d.  This  gent’n  appears  to  have 
abandon’d  the  prospect  of  instalments  wh.  he  brought 
forward  early  in  the  session — that  of  district  or  circuit 
courts  seems  also  to  be  dispair’d  of  by  those  who  are 
desirous  of  amending  this  branch  of  our  system.  A 
bill  of  Mr.  Henry’s  for  prohibiting  ye  importation  of 
foreign  distill’d  spirits  & other  purposes,  is  among  ye. 
orders  of  the  day  & will  most  probably  be  thrown 
out.  It  appears  difficult  to  organize  the  affrs.  of  this 
& perhaps  of  any  one  state  in  a tolerable  manner  & 
it  is  doubtful,  if  it  were  done  whether  it  cod.  be  exe- 
cuted or  whether  the  people  wod.  not  have  it  repeal’d 
the  next  assembly.  The  ct.  of  chy.  breaks  up  to- 
morrow. The  chancelor  is  yet  present  but  in  a low 
state  of  health.  I doubt  whether  I shall  stay  until 
ye  end  of  the  session,  Mrs.  M.  & her  sister  are  with 
me.  What  is  new  with  you  ? I think  the  cloud  wh. 
hath  hung  over  us  for  sometime  past  is  not  yet  dis- 
pell’d or  likely  soon  to  be.  Sincerely  I am 
Dr.  Sir,  yr.  friend  & servant 

Ja?  Monroe. 

Since  the  above  the  house  went  in  committee  on  a 
bill  for  amending  ye  cty.  ct.  law — it  terminated  in  2 
resolutions,  i.  That  the  administration  of  justice  shod, 
be  made  more  equal  & expeditious.  2.  That  under 
executors,  property  sold  so  low  as  to  require  some 
legislative  provision  for  preventing  it — afterwards  in 
ye  house  a proposition  for  establishing  district  courts 
was  agreed  to  ; the  alternative  of  extendg.  the  terms  of 
the  gen’l  ct.  was  rejected  by  a great  majority — the 


i8o  THE  WRITINGS  OF  [1788 


plan  of  instalm^^  will  be  brot.  forward,  and  that  of 
altering  the  execut*;^  law  so  as  to  prevent  property  be- 
ing sold  but  for  \ its  value — the  former  is  the  favorite 
of  Mr.  N.  the  latter  of  Mr.  Henry — it  is  not  improba- 
ble but  that  the  district  bill  may  fail  if  encumber’d 
with  either,  co’d  either  get  a decided  majority  in 
preference  to  the  other,  yt.  it  is  possible  that  their 
division  upon  this  point  may  lessen  the  weight  of  op- 
position to  the  district  bill  & promote  its  adoption. 


TO  JAMES  MADISON. 

Fredbg.,  Feby.  7,  1788. 

Dear  Sir, — We  have  nothing  new  here — the  pro- 
ceedings of  our  assembly  you  are  no  doubt  possess’d 
of  thro’  the  hands  of  the  Governor,  especially  that 
part  which  is  connected  with  the  U.  S.  I mean  the 
revenue  act  & the  resolutions  respecting  the  cession. 
In  the  former  as  much  was  advanced  to  the  U.  S.  as 
cod.  be  obtain’d.  In  the  latter  more  moderation  was 
observ’d  than  at  first  appearances  promis’d.  It  was 
perhaps  bro’t  forward  to  serve  other  purposes,  (I 
mean  in  the  extent  to  wh.  the  Chairman  advocated  it) 
but  it  was  put  in  its  present  form  without  debate  & 
by  his  own  consent,  perhaps  to  avoid  it.  The  recti- 
tude of  the  measure  depends  on  the  want  of  it  in 
some  of  the  Com’rs.  Unless  the  objection  against, 
at  least  one,  is  good,  it  cannot  be  defended.  But  you 
have  the  whole  of  the  proceedings  before  you. 

This  new  constitution  still  engages  the  minds  of 
people  with  some  zeal  among  the  partizans  on  either 


1788]  JAMES  MONROE.  i8i 


side.  It  Is  impossible  to  say  which  preponderates. 
The  northern  part  of  the  State  is  more  generally  for 
it  than  the  southern.  In  this  county  (except  in  the 
town)  they  are  against  it  I believe  universally.  I 
have,  however,  this  from  report  only,  having  not  been 
from  home.  My  late  colleague  is  decidedly  so.  Mr. 
Page  is  for  It  & forms  an  exception  to  the  above.  It 
is  said  here  Georgia  has  adopted  it,  N.  H.  also.  The 
object  In  the  postponement  of  the  meeting  of  our 
Convention  to  so  late  a day  was  to  furnish  an  evi- 
dence of  the  disposition  of  the  other  States  to  that 
body  when  It  sho’d  be  assembled.  If  they  or  many  of 
them  were  against  It  our  State  might  mediate  between 
contending  parties  & lead  the  way  to  an  union  more 
palitable  to  all.  If  all  were  for  it,  let  the  knowledge 
of  that  circumstance  have  Its  weight  in  their  delibera- 
tions. This  I believe  was  the  principle  on  wh.  that 
measure  was  adopted,  at  least  those  whose  sentiments 
I knew  express’d  it  to  be  theirs.  We  expect  you  in 
soon  & shall  be  happy  to  see  you  here.  Sincerely  I 
am  Yr.  fri’d  & serv’t 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Richmond,  April  lo,  1788. 

Dear  Sir, — I must  depend  on  your  kindness  to 
pardon  my  omission  In  not  writing  you  oftener,  for  I 
will  not  pretend  to  justify  it.  I sho?  have  wrote  you 
as  before,  and  can  give  no  satisfactory  reason  even  to 
myself  why  I have  not,  for  that  my  communications 
will  not  be  of  much  importance  I do  not  urge  as  an 


182 

THE  WRITINGS  OF 

[1788 

excuse.  I will  however  make  amends  in  future.  The 
real  pleasure  of  my  life,  which  consists  in  being  at 
home  with  my  family,  has  been  interrupted  by  an  at- 
tendance at  the  bar  & service  in  the  legislature  since 
I left  N.  Yk.  Altho’  neither  of  these  employments 
has  many  allur’ments  in  it,  yet  I think  the  latter  rather 
a more  uncomfortable  one  than  the  former.  Perhaps 
however  I obtain’d  a seat  in  it,  at  a very  unfortunate 
period,  both  as  to  publick  aff’'?  and  my  own  temper  of 
mind.  I doubt  whether  I can  enumerate  to  you  the 
several  acts  w^  pass’d  the  last  Assembly  at  present  ; 
I mean  those  that  are  worthy  of  note : the  most  ma- 
terial however  were  those  respecting  the  revenue,  and 
the  Judiciary  department : of  the  gen!  court  after  this 
term,  nothing  is  left  but  the  name,  and  in  its  stead  i8. 
district  courts  are  establish’d.  Each  district  court 
bears  the  same  relation  to  the  County  c^^  within  it  that 
the  gen!  c!  did  to  all  the  counties  within  the  Common- 
wealth. Over  these  is  organiz’d  the  c!  of  Appl^  con- 
sisting of  the  Judges  of  all  the  courts  (4.  additional 
having  been  added  to  the  gen!  Prentis,  Tucker, 
Parker  & G.  Jones  the  latter  of  whom  having  de- 
clin’d acceptance.  White  has  been  appointed  in  his 
room)  with  similar  powers  over  the  district  that  they 
have  over  the  ct?"  courts  : 3.  Judges  form  a district  c^ 
The  plan  is  I believe  unpopular  with  the  former 
Judges,  and  is  most  probably  highly  defective.  It  is 
however  not  improbable  the  putting  the  matter  in 
motion  may  produce  some  beneficial  effects.  Tis 
presumable  the  Judges  may  examine  the  subject 
themselves,  for  I hear  some  of  them  doubt  the  prac- 


1788]  JAMES  MONROE.  183 


ticability  of  its  execution  as  the  law  now  stands, 
and  suggest  such  amendments  as  they  think  neces- 
sary. The  reduction  of  the  number  of  districts  to 
wo?  perhaps  be  greatly  for  the  better.  The  taxes  are 
reduc’d  ; those  on  slaves  under  1 2.  and  on  white  male 
tithables  are  repealed.  The  Convention  of  this  State 
is  to  meet  in  June  to  take  up  the  rep^  from  Philf.  The 
people  seem  much  agitated  with  this  subject  in  every 
part  of  the  State.  The  principal  partizans  on  both 
sides  are  elected.  Few  men  of  any  distinction  have 
fail’d  taking  their  part.  Six  States  have  adopted  it, 
N.  Hampshire  the  that  took  the  subject  up  ad- 
journed until  late  in  June,  with  a view  it  is  presum’d, 
to  await  the  decision  of  those  States  who  postpon’d 
their  meeting  to  the  latest  day  as  Virg?  N.  Y!"  & N° 
Carolina,  and  from  that  circumstance  suppos’d  least 
friendly  to  it.  The  event  of  this  business  is  alto- 
gether incertain,  as  to  its  passage  thro  the  Union. 
That  it  will  no  where  be  rejected  admits  of  little 
doubt.  And  that  it  will  ultimately,  perhaps  in  2.  or 
three  years,  terminate,  in  some  wise  and  happy  estab- 
lishment for  our  country,  is  what  we  have  good  reason 
to  expect.  I have  it  not  in  my  power  at  present  to 
commit  to  cypher  any  comments  on  this  plan  but  will 
very  soon,  I mean  concisely  as  to  its  organization  and 
powers  : nor  to  give  you  the  arrangment  of  charac- 
ters on  either  side,  with  us.  I write  by  Col?  Carring- 
ton & he  leaves  this  immediately.  It  will  give  me 
infinite  pleasure  to  hear  from  you  occasionally.  My 
county  has  plac’d  me  among  those  who  are  to  decide 
on  this  question  ; I shall  be  able  to  give  you  a view 


1 84  THE  WEI  TINGS  OF  [1788 


of  its  progress  that  may  be  interesting  to  you.^  Can 
you  command  my  services  in  any  instance  ? Are  you 
in  health,  how  happen’d  the  dislocation  of  yf  wrist 
and  is  it  well  ? I think  I mention’d  to  you  in  my  last 
M.  had  made  us  happy  by  giving  us  a daughter 
who  is  now  16.  months  old  and  begins  to  talk.  I hope 
Miss  Patsy  and  Polly  are  well.  I shall  write  you 
again  soon  and  am,  affectionately,  your  friend  & 
serv^  Ja?  Monroe. 

Present  my  respects  to  Mr  Short. 


TO  THOMAS  JEFFERSON. 

Fredericksburg,  July  12,  1788, 

Dear  Sir, — Altho’  I am  persuaded  you  will  have 
received  the  proceedings  of  our  convention  upon  the 
plan  of  government  submitted  from  PhiP  yet  as  it  is 
possible  this  may  reach  you  sooner  than  other  com- 
munications I herewith  inclose  a copy  to  you.  They 
terminated  as  you  will  find  in  a ratification  which  must 
be  consider’d,  so  far  as  a reservation  of  certain  rights 
go,  as  conditional,  with  the  recommendation  of  subse- 
quent amendments.  The  copy  will  designate  to  you 
the  part  which  different  gen^"  took  upon  this  very  inter- 
esting & important  subject.  The  detail  in  the  man- 
agment  of  the  business,  from  your  intimate  knowledge 
of  characters,  you  perhaps  possess  with  great  accuracy, 
without  a formal  narration  of  it.  Pendleton  ^ tho’ 

^ Monroe  had  been  elected  a delegate  from  Spottsylvania  County  to  the  State 
Convention  called  to  ratify  or  reject  the  proposed  Constitution. 

® The  Convention  met  June  2,  1788. 

“The  Hon.  Edmund  Pendleton  was  nominated  and  unanimously  elected 
President  ; who,  being  seated  in  the  Chair,  thanked  the  convention  for  the 


1788]  /AMES  MONROE.  185 


much  impaired  in  health  and  in  every  respect  in  the 
decline  of  life  shewed  as  much  zeal  to  carry  it,  as  if 
he  had  been  a young  man.  Perhaps  more  than  he 
discover’d  in  the  commencement  of  the  late  revolution 
in  his  opposition  to  G.  Britain.  Wythe  acted  as 
chairman  to  the  committee  of  the  whole  and  of  course 
took  but  little  part  in  the  debate — but  was  for  the 
adoption  relying  on  subsequent  amendments.  Blair 
said  nothing,  but  was  for  it.  The  governor  exhibited 
a curious  spectacle  to  view.  Having  refused  to  sign 
the  paper  every  body  supposed  him  against  it.  But 
he  afterwards  had  written  a letter^  & having  taken  a 
part  which  might  be  called  rather  vehement  than  ac- 
tive, he  was  constantly  labouring  to  shew  that  his 
present  conduct  was  consistent  with  that  letter  & the 
letter  with  his  refusal  to  sign.  Madison  took  the 
principal  share  in  the  debate  for  it.  In  which  together 
with  the'  aid  I have  already  mention’d  he  was  some- 
what assisted  by  Innes,  Lee,  Marshal,  Corbin,  & G. 
Nicholas,  as  Mason,  Henry  & Grayson  were  the  prin- 
cipal supporters  of  the  opposition.  The  discussion  as 
might  have  been  expected  where  the  parties  were  so 
nearly  on  a balance,  was  conducted  generally  with 
great  order,  propriety  & respect  of  either  party  to  the 
other — and  its  event  was  accompanied  with  no  circum- 
stance on  the  part  of  the  victorious  that  was  extra?" 
exultation,  nor  of  depression  on  the  part  of  the  un- 
fortunate. There  was  no  bonfire  illumination  & and 

honor  conferred  on  him,  and  strongly  recommended  the  members  to  use  the  ut- 
most moderation  and  temper  in  their  deliberations  on  the  great  and  important 
subject  now  before  them.” — Elliot's  Debates^  vol.  iii.,  p.  i. 

^ To  the  Speaker  of  the  House  of  Delegates. — Elliot's  Debates,  vol.  i.,  p.  482, 


1 86 

THE  WRITINGS  OF 

[1788 

had  there  been  I am  inclin’d  to  believe,  the  opposition 
woJ^  have  not  only  express’d  no  dissatisfaction,  but 
have  scarcely  felt  any  at  it,  for  they  seemed  to  be 
gov.^^  by  principles  elevated  highly  above  circumstances 
so  trivial  & transitory  in  their  nature. 

The  conduct  of  Genl  Washington  upon  this  occa- 
sion has  no  doubt  been  right  and  meritorious.  All 
parties  had  acknowledged  defects  in  the  federal  sys- 
tem, and  been  sensible  of  the  propriety  of  some  ma- 
terial change.  To  forsake  the  honorable  retreat  to 
which  he  had  retired  & risque  the  reputation  he  had 
so  deservedly  acquir’d,  manifested  a zeal  for  the  publick 
interest,  that  could  after  so  many  and  illustrious  ser- 
vices, & at  this  stage  of  his  life,  scarcely  have  been 
expected  from  him.  Having  however  commenc’d 
again  on  the  publick  theatre,  the  course  which  he 
takes  becomes  not  only  highly  interesting  to  him  but 
likewise  so  to  us  : the  human  character  is  not  perfect ; 
if  he  partakes  of  those  qualities  which  we  have  too 
much  reason  to  believe  are  almost  inseparable  from 
the  frail  nature  of  our  being,  the  people  of  America 
will  perhaps  be  lost.  Be  assured  his  influence  carried 
this  Government ; for  my  own  part  I have  a bound- 
less confidence  in  him  nor  have  I any  reason  to  be- 
lieve he  will  ever  furnish  occasion  for  withdrawing  it. 
More  is  to  be  apprehended  if  he  takes  a part  in  the 
public  councils  again,  as  he  advances  in  age,  from  the 
designs  of  those  around  him  than  from  any  disposi- 
tion of  his  own. 

In  the  discussion  of  the  subject  an  allusion  was 
made  I believe  in  the  first  instance,  by  Mr.  Henry  to 


1788]  /AMES  MONROE.  187 


an  opinion  you  had  given  on  this  subject,  in  a letter 
to  Mr.  Donald.^  This  afterwards  became  the  subject 
of  much  inquiry  & debate  in  the  house,  as  to  the  con- 
struction of  the  contents  of  such  letter  & I was  happy 
to  find  the  great  attention  & universal  respect  with 
which  the  opinion  was  treated,  as  well  as  the  great 
regard  and  high  estimation  in  which  the  author  of  it 
was  held.  It  must  be  painful  to  have  been  thus  made 
a party  in  this  transaction  but  this  must  have  been 
alleviated  by  a consideration  of  the  circumstances  I 
have  mentioned. 

From  the  first  view  I had  of  the  report  from 
Philf  I had  some  strong  objections  to  it.  But  as  I 
had  no  inclination  to  inlist  myself  on  either  side, 
made  no  communication  or  positive  declaration  of  my 
sentiments  untill  after  the  Convention  met.  Being 
however  desirous  to  communicate  them  to  my  con- 
stituents, I address’d  the  enclos’d  letter  to  them,  with 
intention  of  giving  them  a view  thereof  eight  or  ten 

' “ I wish  with  all  my  soul  that  the  nine  first  Conventions  may  accept  the 
new  Constitution,  because  this  will  secure  to  us  the  good  it  contains,  which  I 
think  great  & important,  but  I equally  wish  that  the  four  latest  Conventions, 
whichever  they  be,  may  refuse  to  accede  to  it  till  a declaration  of  rights  be  an- 
nexed. This  would  probably  command  the  offer  of  such  a declaration,  & thus 
give  to  the  whole  fabric  perhaps  as  much  perfection  as  any  one  of  that  kind  ever 
had.” — Jefferson  to  A.  Donald,  Feb.  7,  1^88. 

Jefferson  afterwards  changed  his  mind  on  this  point,  but  too  late  to  make  it 
known  to  his  friends  in  Virginia,  before  the  action  of  the  Convention. 

“ At  first  I wished  that  when  9.  States  should  have  accepted  the  Constitution, 
so  as  to  ensure  us  what  is  good  in  it,  the  other  4 might  hold  off  till  the  want  of 
the  bill  of  rights  at  least  might  be  supplied.  But  I am  now  convinced  that  the 
plan  of  Massachusetts  is  the  best.  That  is,  to  accept,  and  to  amend  afterwards. 
If  the  States  which  were  to  decide  after  her  should  all  do  the  same,  it  is  impos- 
sible but  they  must  obtain  the  essential  amendments.” — Jefferson  to  Car- 
michael, June  j,  ijy8. 


i88 


THE  WRITINGS  OF 


[1788 


days  before  it  met,  but  the  impression  was  delayed  so 
long,  & so  incorrectly  made,  and  the  whole  perform- 
ance upon  re-examination  so  loosely  drawn  that  I 
thought  it  best  to  suppress  it.  There  appear’d  like- 
wise to  be  an  impropriety  in  interfering  with  the  sub- 
ject in  that  manner  in  that  late  stage  of  the  business. 
I enclose  it  you  for  your  perusal  & comment  on  it. 

You  have,  no  doubt,  been  apprized  of  the  remon- 
strance of  the  Judges  to  the  proceedings  of  the  Legis- 
lature in  the  passage  particularly  of  the  district  court 
law,  as  likewise  of  its  contents.  The  subject  will  be 
taken  up  in  the  fall.  The  Legislature  altho’  assembled 
for  the  purpose  declin’d  entering  into  it,  because  of  the 
season  of  the  year,  being  anxious  to  get  home  about 
this  harvest.  For  this  purpose  they  pass’d  an  act  sus- 
pending the  operation  of  the  district  court  law  untill 
some  time  in  Dec^  or  Jan^  next.  Altho  different 
modifications  may  be  made  of  it  yet  I think  the  bill 
will  be  retained  in  its  principal  features. 

I still  reside  here  and  perhaps  shall  continue  to  do  so 
whilst  I remain  at  the  bar,  especially  if  the  district  court 
law  holds  its  ground.  I hold  a seat  in  the  legislature 
& believe  I shall  do  it  for  some  time.  The  absence  from 
my  family  is  painful  but  I must  indeavor  to  have  them 
with  me  as  much  as  possible.  I hope  you  enjoy  your 
health  well.  I have  heard  nothing  to  the  contrary.  I 
hope  also  that  Miss  Patsy  & Molly  are  well.  Short 
I likewise  hope  is  in  health.  Remember  me  to  them 
& believe  me  most  affectionately  your  friend  & ser- 
vant. 


jAf  Monroe. 


JAMES  MONROE. 


1788] 


189 


Monroe  in  the  Virginia  Convention  of  iyS8. 

Monroe  does  not,  in  this  letter,  state  what  part  he  himself  took 
in  the  Convention,  but  it  was  an  important  one.  In  his  first 
speech,  on  June  loth,  he  declared  that  he  came  “not  as  the  parti- 
san of  this  or  that  side  of  the  question,  but  to  commend  where 
the  subject  appears  to  me  to  deserve  commendation  ; to  suggest 
my  doubts  where  I have  any  ; to  hear  with  candor  the  explana- 
tion of  others  ; and  in  the  ultimate  result,  to  act  as  shall  appear 
for  the  best  advantage  of  our  common  country,” 

He  asserted  that  he  was  “strongly  impressed  with  the  necessity 
of  a firm  national  government,”  but  he  had  some  decided  objec- 
tions to  the  proposed  Constitution.  The  principal  of  these  were  : 

1.  The  power  of  direct  taxation  vested  in  the  Federal  govern- 
ment. 

2.  The  absence  of  a Bill  of  Rights,  or  any  express  provision 
limiting  the  general  powers  of  the  government. 

3.  The  lack  of  responsibility  on  the  part  of  the  Federal  legisla- 
ture and  Executive. 

4.  The  re-eligibility  of  the  President. 

For  the  first  time  in  his  political  career  he  found  himself  op- 
posed to  his  friend  Madison,  but  he  had  the  consolation  of  believ- 
ing that  he  represented  the  views  of  Mr.  Jefferson,  as  expressed 
in  his  letter  to  Donald. 

On  the  13th  of  June  he  took  a prominent  part  in  the  most  in- 
teresting discussion  that  occurred  during  the  sittings  of  the  Con- 
vention. 

Patrick  Henry,  who  led  the  opposition,  with  unequalled  elo- 
quence and  unsurpassed  adroitness,  knowing  the  great  interest 
felt  in  Virginia,  and  especially  by  the  Kentucky  district,  in  the 
free  navigation  of  the  Mississippi,  seized  upon  the  repeal  by 
Congress,  in  1786,  of  the  instructions  of  1785  making  it  an  essen- 
tial condition  of  a treaty  with  Spain,  as  an  evidence  that  the 
adoption  of  the  Constitution  would  result  in  a government  that 
would  yield  the  Mississippi  to  Spain,  and  sacrifice  the  interest  of 
the  Southern  and  Western  States  to  the  commercial  advantage  of 
the  Northern  and  Eastern  States.  This  repeal,  though  not  pub- 
licly announced — for  it  appeared  only  on  the  secret  journal  of 


THE  WRITINGS  OF 


[1788 


190 


Congress — was  known  to  the  leaders  of  both  parties.  Henry, 
resolved  to  make  the  most  of  it,  precipitated  its  disclosure  by 
calling  upon  those  members  who  had  been  delegates  in  Congress 
to  communicate  the  action  of  that  body  on  this  subject  to  the 
Convention. 

In  response  to  this  call,  Monroe  gave  a full  account  of  the  pro- 
ceedings of  Congress  while  he  was  a delegate,  the  gist  of  which 
was  that,  in  spite  of  the  strenuous  opposition  of  the  Southern 
States,  the  seven  Easternmost  States  had  voted  to  repeal  the  in- 
structions which  made  the  free  navigation  of  the  Mississippi  a 
sine  qua  non  of  the  treaty.  He  also  declared  “ that  the  interest 
of  the  western  country  would  not  be  as  secure,  under  the  pro- 
posed Constitution,  as  under  the  Confederation  ; because,  under 
the  latter  system,  the  Mississippi  could  not  be  relinquished  with- 
out the  consent  of  nine  States  ; whereas,  by  the  former,  a majority 
of  seven  States  could  yield  it.” 

“ The  speech  of  Monroe  was  well  received.  It  made  upon  the 
House  a strong  impression,  which  was  heightened  by  the  modesty 
of  his  demeanor,  by  the  sincerity  which  was  reflected  from  every 
feature  of  his  honest  face,  and  by  the  minute  knowledge  which 
he  exhibited  of  a historical  transaction  of  surpassing  interest  to 
the  South.  But  if  the  impression  was  felt  by  the  members  gen- 
erally, it  was  felt  most  keenly  by  those  who  were  anxious  about 
the  sales  of  their  crops  and  for  the  prosperity  of  their  families. 
The  members  from  the  West  were  furious.  They  had  just  learned 
for  the  first  time  the  imminent  hazard  to  which  their  most  valued 
privilege  had  been  exposed,  and  they  did  not  conceal  their  indig- 
nation.’,’— History  of  the  Virginia  Convention  of  1788^  by  Hugh 
Blair  Grigsby,  p.  240. 

Monroe  was  followed  by  Grayson,  who  confirmed  his  statement 
of  facts,  and  reinforced  his  arguments.  It  was  fortunate  for  the 
fate  of  the  Constitution  that  Madison,  its  ablest  champion  in  the 
Convention,  was  also  a member  of  the  current  Congress,  from 
which  he  had  absented  himself  to  attend  the  Convention.  Mon- 
roe’s term  had  expired  in  November,  1786,  and  Grayson’s  in  No- 
vember, 1787.  Madison,  therefore,  could  speak  from  a later  date  as 
to  the  temper  of  Congress.  He  was  placed,  however,  in  a delicate 


1788] 


JAMES  MONROE. 


191 


position.  He  could  not  deny  what  Monroe  and  Grayson  had 
stated,  and  the  fact  was  that  the  Congress  then  sitting  had  taken 
no  action  on  the  subject,  and  so  far  as  the  record  showed,  the 
situation  there  was  unchanged.  He  himself  had  been  and  still 
was  the  most  uncompromising  advocate  of  the  freedom  of  the 
Mississippi,  and  he  could  not  justify  or  defend  the  repeal  of  1786. 
He  met  the  dilemma  with  the  resourceful  tact  which  distinguished 
him  as  the  greatest  debater  of  his  day.  He  placed  himself  at 
once  en  rapport  with  the  friends  of  the  Mississippi,  by  declaring 
that  neither  the  old  Confederation  nor  the  proposed  Constitutional 
government  cared  to  yield  the  right  of  its  free  navigation,  for  that 
would  be  repugnant  to  the  law  of  nations.  He  argued  that  it  was 
even  more  the  interest  of  the  Eastern  than  of  the  Southern  States 
that  the  Mississippi  should  remain  open,  and  expressed  the  opin- 
ion, “from  the  best  information,  that  it  never  was  the  sense  of  the 
people  at  large,  or  the  prevailing  character  of  the  Eastern  States, 
to  approve  of  the  measure  (of  repeal).”  He  admitted  that  seven 
of  the  States  had  been  willing  to  waive  the  right  of  navigation  for 
a time,  but  denied  that  they  had  ever  wished  to  yield  it  altogether. 
Of  these  States,  he  said,  one.  New  Jersey,  had  since  instructed  its 
delegates  not  to  give  it  up.  But,  he  contended,  if  there  was  any 
such  desire,  it  could  be  accomplished  more  easily  under  the  Con- 
federation than  under  the  Constitution,  while  on  the  other  hand, 
if  the  people  of  this  country  wished  to  secure  forever  the  free  navi- 
gation of  the  river,  it  could  only  be  done  by  a strong  national 
government  that  could  concentrate  and  wield  the  whole  power  of 
the  Union,  to  maintain  it  against  all  opposition.  He  concluded  by 
saying  : “ Were  I at  liberty,  I could  develop  some  circumstances 
which  would  convince  this  House  that  this  project  will  never  be 
revived  in  Congress,  and  that,  therefore,  no  danger  is  to  be  appre- 
hended.” 

But  the  impression  made  by  Monroe  and  Grayson  was  not  easily 
overcome,  and  at  the  end  of  the  day’s  discussion,  the  friends  of 
the  Constitution  were  very  despondent,  and  Madison  wrote  Wash- 
ington : 

“ Appearances  at  present  are  less  favorable  than  at  the  date  of 
my  last.  Our  progress  is  slow,  and  every  advantage  is  taken  of 


192 

THE  WRITINGS  OF 

[1788 

the  delay  to  work  on  the  local  prejudices  of  particular  sets 
of  members.  British  debts,  the  Indiana  claim,  and  the  Mississippi, 
are  the  principal  topics  of  private  discussion  and  intrigue,  as  well 
as  public  declamation.  The  members  who  have  served  in  Con- 
gress have  been  dragged  into  communication,  on  the  last,  which 
could  not  be  justified  on  any  other  occasion,  if  on  the  present. 
There  is  reason  to  believe  that  the  event  may  depend  on  the 
Kentucky  members,  who  seem  to  lean  more  against  than  in  favor 
of  the  Constitution.^  The  business  is  in  the  most  ticklish  state 
l:hat  can  be  imagined.  The  majority  will  certainly  be  small,  on 
whatever  side  it  may  finally  lie  ; and  I dare  not  encourage  much 
expectation  that  it  will  be  on  the  favorable  side,” — June  13,  1788., 
Madison  MSS.,  Dept,  of  St.,  vol.  iv.,  p.  40. 

The  friends  of  the  Constitution,  aided  by  the  influence  of  Wash- 
ington, finally  carried  its  ratification,  but  it  was  by  a bare  majority 
of  10  out  of  168  votes,  and  then  only  after  they  had  agreed  to  sub- 
mit the  amendments  demanded  by  the  minority  to  the  considera- 
tion of  the  first  Congress  under  the  Constitution,  to  be  acted  upon 
under  the  fifth  article  thereof,  and  to  instruct  the  representatives 
of  the  State  to  urge  their  adoption.  The  principal  of  these  were 
afterwards  embodied  in  the  ten  amendments  proposed  by  that 
body  and  ratified  by  the  States. 


TO  JAMES  MADISON. 

Fredericksbg,  Sepr.  24,  1788. 

Dear  Sir, — I was  favor’d  with  yours  of  the  14., 
two  or  three  days  past.  The  apology  is  rather  due 
from  those  gentn.  to  whom  it  alludes,  both  to  you  and 
me,  for  their  omission,  than  that  they  have  any  cause 
of  complaint.  The  truth  is,  I suspect  they  were  more 
at  ease  with  their  commerc’l  acquaintance,  than  they 
would  have  been  elsewhere,  and  are  happier  in  their 

^ Of  the  fourteen  Kentucky  delegates,  ten  eventually  voted  against  ratifica- 
tion. 


JAMES  MONROE. 


1788] 


193 


escape  from  the  attention  of  others,  than  it  cod.  have 
made  them.  I perfectly  agree  in  the  propriety  of 
yielding  to  the  majority  respecting  the  place  of  resi- 
dence. If  a concession  must  be  made,  the  minority 
must  make  it,  and  when  the  States  south  of  us  yielded 
all  hope  was  at  an  end.  I have  long  since  desponded 
of  Georgetown,  nor  are  my  hopes  more  sanguine 
under  the  new  than  they  have  been  under  the  old 
government ; but  it  has  in  my  estimation  every  con- 
sideration of  reason  and  propriety  on  its  side,  & of 
course  every  effort  should  be  made  in  its  favor  whilst 
there  is  a prospect  of  success.  Two  men  have  been 
taken  up  in  this  town  on  a suspicion  of  counterfeiting 
publick  securities — their  names  are  Willet  & Whitney 
from  the  Eastw’d.  It  is  believ’d  they  will  be  sent  to 
Richm’d  by  the  decision  of  to-morrow. 

The  lottery  is  drawn.  The  prizes  of  "Jo  £y  ^ £ 8l 
2 £ fell  to  the  lot  of  Mr.  Carrington,  nephew  of  Colo. 
C.,  to  compensate  him  for  the  expence  of  4 tickets — 
those  of  5 & 2 ^ belong  to  you.  Mr.  Jones  has 

4 to  replace  a like  sum  for  four  tickets — Almost 
every  person  to  whom  I sold  any  except  my  own 
family  were  among  the  fortunate  adventurers — Beside 
the  proportion  I was  under  the  necessity  of  taking  as 
a trustee  (ab’t  30).  I took  several  for  my  family  all  of 
which  were  blanks — In  the  former  character  I lost 
ab’t  4 : 10  s : — The  deduction  of  15  per  cent’m  upon 

each  prize  leaves  the  profit  to  the  adventurer — Will  you 
have  yours  laid  out  in  tickets  in  the  2d  class?  Inform 
me  and  I will  apprize  of  those  that  shall  be  assign’d  you. 

Mf  Jones  has  recover’d  and  was  well  a few  days 

VOL.  I.— 13 


194  the  writings  OF  [1788 


since — he  is  now  in  King  George — We  are  in  health  & 
desire  our  respects  to  our  friends  in  b.  way  [Broad- 
way]. I am  Dear  Sir  your  friend  & servt. 

Ja?  Monroe. 


TO  JAMES  MADISON. 

Richmond,  Oct’r  26,  1788. 

Dear  Sir, — My  professional  duties  have  taken  me 
from  the  political  scene  here,  so  that  I have  it  not  in 
my  power  yet  to  give  you  anything  in  that  line  of 
moment.  On  Monday  I shall  take  my  seat  in  the 
house  & soon  become  in  some  measure  acquainted,  I 
suppose,  with  the  views  of  parties.  Carrington,  with 
whom  I was  in  comp  y a few  minutes  yesterday,  com- 
plains of  a decision  of  the  house  by  which  he  was  ex- 
cluded under  his  late  election  from  his  seat — The 
majority,  I understand,  was  great  & from  its  complex- 
ion suspect  he  has  suffer’d  his  wishes  to  influence  his 
judgm’t.  The  merits  of  the  cause  I know  not  & only 
judge  from  external  circumstances. 

The  conduct  of  Congress  respecting  the  Mississippi 
appears  to  me  to  be  right  ^ — Their  opinion  so  far  as  it 
goes  may  have  some  influence  on  the  new  gov’t — They 
only  however  say  they  never  intended  to  surrender 

^ The  delegates  of  North  Carolina  having  called  the  attention  of  Congress  to 
the  uneasiness  produced  among  the  owners  of  Western  lands  by  a report  “ that 
Congress  are  disposed  to  treat  with  Spain  for  the  surrender  of  their  claim  to  the 
navigation  of  the  river  Mississippi,”  upon  the  report  of  a committee  of  which 
Hamilton  was  chairman  and  Madison  a member,  Congress  had 

“ Resolved,  That  the  said  report  not  being  founded  in  fact,  the  delegates  be 
at  liberty  to  communicate  all  such  circumstances  as  may  be  necessary  to  contra- 
dict the  same,  and  to  remove  misconceptions. 

“ That  the  free  navigation  of  the  river  Mississippi  is  a clear  and  essential  right 


JAMES  MONROE. 


1788] 


195 


the  right  & that  they  think  such  a measure  improper. 
A temporary  forbearance  falls  not  under’  their  excep- 
tion either  as  having  been  propos’d  or  as  inexpedient : 
and  this  I think  equally  pernicious  as  it  may  affect 
the  form  of  the  confederacy. 

I enclose  you  a letter  for  Mr.  Jefferson  & likewise 
one  for  my  brother  in  Edinburgh — Be  so  kind  as  to  for- 
ward them  by  the  packets. 

I have  lately  clos’d  a bargain  with  Colo.  Nicholas 
for  his  property  in  Charlotteville  & 300  acres  contig- 
uous to  it,  within  one  mile — The  buildings  stand  on  an 
acre  & part  of  a 2d  in  town  and  are  valuable — They 
cost  him  20(^0 £ & materials  on  hand  are  worth  above 
100^. — The  land  is  good  for  farming  & is  the  only 
woodland  contiguous — I am  to  give  2^00 £ payable 
in  lands  in  the  western  country  to  be  valued  by  Mar- 
shall & others  there,  as  such  lands  wo’d  sell  upon  two 
years  credit — With  condition  that  if  I dislike  the  valu- 
ation I may  keep  the  land  & pay  the  money  upon  six 
years  credit,  paying  interest  after  the  expiration  of  one 
year — I consider  this  as  an  exchange  of  property 
only — It  may  be  more  productive  for  the  present 
— I shall  not  move  to  it  I believe  ; but  feel  a pleasure 
in  having  it  in  my  power  to  take  a residence  so  con- 
venient to  Mr.  Jefferson  when  it  may  suit  me.  I am, 
Dear  Sir,  very  respectfully  yr.  friend  & serv’t 

Ja?  Monroe. 

of  the  United  States,  and  that  the  same  ought  to  be  considered  and  supported 
as  such. 

“ That  no  further  progress  be  made  in  the  negotiations  with  Spain,  by  the  Sec- 
retary for  Foreign  Affairs  ; but  that  the  subject  to  which  they  relate  be  referred 
to  the  Federal  government,  which  is  to  assemble  in  March  next.” — Secret 
Journal^  Sept.  i6, 1788. 


- 

196 

THE  WRITINGS  OF 

[1788 

TO  JAMES  MADISON. 

Richmond,  Nov.  22,  1788. 

Dear  Sir, — Your  favor  of  the  5th  was  not  pre- 
sented me  until  the  day  before  yesterday,  or  it  should 
have  been  answer’d  sooner.  I think  with  you  the  act 
of  Congress  respecting  the  Mississippi  an  acquisition 
on  that  side,  and  therefore  an  happy  circumstance. 
It  must  make  an  impression  on  the  new  government, 
and  if  the  disposition  of  Spain  sho’d  be  what  I had 
reason  to  believe  it  was,  before  the  commencement  of 
the  late  unfortunate  negotiation,  I am  persuaded  an 
amicable  adjustment  upon  our  principles  on  that  sub- 
ject will  be  found  an  easy  thing. 

The  arrangement  of  the  Judiciary  is  the  principal 
subject  before  the  house.  It  has  been  agreed  by  all 
to  pass  by  the  question  ‘'whether  the  Judiciary  may 
declare  a law,  in  their  opinion  agnst  the  Constitution, 
void,”  as  calculated  to  create  heats  & animosities  that 
will  produce  harm.  A desire  prevails  of  amending  the 
district  court  law,  but  in  what  manner  has  not  been 
fully  discover’d.  A plan  is  before  the  house  for  insti- 
tuting a court  of  appeals,  as  separated  from  the  other 
courts,  by  having  new  members  appointed  from  the 
country — this  to  form  a court  of  impeachment  to  try 
the  gen’l  court,  the  latter  the  app’ls.  The  appeals  to 
be  likewise  a court  of  dernier  resort  upon  app’l — A 
conversation  took  place,  wherein  it  was  propos’d  to 
take  three  judges  of  the  gen’l.  c’t.  & with  the  3 
chancelors  from  a court  of  app’ls  as  the  dernier  resort, 
and  as  the  court  of  impeachment  to  institute  one 
occasionally  in  the  mode  designated  by  the  confedera- 


1789]  JAMES  MONROE. 


tion  for  deciding  territorial  controversies,  or  some- 
what in  that  way — The  Executive  to  nominate  15  or 
any  given  number  and  to  have  them  reduc’d  to  5 by 
the  Judges  or  their  council  & the  council  for  the 
legislature  striking  off  one  each,  until  reduc’d  to  that 
number.  The  former  plan  is  before  the  house  and 
whether  it  will  meet  with  opposition  is  uncertain. 

It  is  generally  agreed  to  make  no  other  alteration 
in  the  revenue  system  than  by  such  change  in  the  ap- 
propriation as  will  supply  the  defect  of  the  impost 
wh.  will  belong  to  the  U.  S.  after  March.  Whether 
the  impost  system  of  the  State  shall  cease  then,  or 
continue  until  contrary  provisions  are  made,  seems  to 
be  a doubtful  question.  An  apprehension  that  other 
States  may  lay  theirs  aside  and  open  their  ports  free 
from  duty  in  the  interval,  has  weight  on  the  minds  of 
some  and  disposes  them  for  a similar  measure,  es- 
pecially as  they  suppose  the  am’t  will  belong  to  the 
U.  S.  but  I rather  believe  ours  will  be  continued 
until  Congress  directs  otherwise,  let  the  revenue 
accrue  to  whom  it  may.  I am  with  real  esteem  y’r 
fr’d  & servant 

JA^  Monroe 


TO  THOMAS  JEFFERSON. 

Fredericksbg,  Feby.  15,  1789. 

Dear  Sir, — Your  favor  of  the  of  August  last 
has  been  rec*^,  before  this  I doubt  not  mine  of  a date 
subsequent  to  those  you  acknowledge  has  reach’d 
you.  It  gave  you  a detail  of  the  proceedings  of  the 
convention  of  this  State.  Since  which  the  eleven 


198  THE  WRITINGS  OF  [1789 


that  have  adopted  the  gov?  under  the  act  of  Congress 
that  was  necessary  to  put  them  in  motion,  have  taken 
the  necessary  measures  for  its  organization  ; except 
New  York,  whose  operations  have  been  retarded  by 
some  misunderstanding  between  the  Senate  & the 
other  branch  of  the  government.  This  obstacle  will 
however  I doubt  not  be  remov’d,  since  I have  reason 
to  believe,  it  has  on  neither  side  any  other  object 
in  view  than  some  arrangement  suited  to  the  preju- 
dices of  the  pre-existing  parties  of  that  State.  The 
publick  papers  say  it  respects  the  mode  of  appointing 
Representatives. 

The  letter  from  the  Convention  of  that  State  ^ was 
suppos’d  to  have  suggested  the  mode  of  obtaining 
amendments  that  wo1  be  most  likely  to  succeed. 
After  all  the  preparatory  arrangements  were  carried 
for  organizing  the  gov?,  it  was  taken  up  here  and  ap- 
prov’d. In  consequence  whereof  an  application  was 
made  to  the  Congress  of  the  new  gov?  to  be  pre- 
sented when  conven’d,  to  call  a Convention  for  that 
purpose.  The  weight  of  business  that  wol  devolve 
on  the  Gov?  itself,  if  no  other  consideration  might  oc- 
cur, was  suppos’d  a sufficient  reason  why  this  trust 
sho^!  be  repos’d  in  another  body.  It  w'?  in  no  event 
be  productive  of  harm,  for  the  discussion  of  subjects 
however  important  by  the  deliberative  bodies  of 
America,  create  little  heat  or  animosity  except  with 
the  parties  on  the  theatre.  The  draft  was  revis’d  and 

* The  Convention  of  New  York  had,  after  ratifying  the  Constitution,  unani- 
mously passed  a resolution  for  the  call  of  a second  convention  to  consider 
amendments,  and  directed  a circular  letter  to  that  effect  to  be  sent  to  the  legisla- 
ture of  each  State. 


1789]  JAMES  MONROE. 


corrected  by  Bland  and  partakes  of  his  usual  fire  and 
elegance. 

This  Commonwealth  was  divided  into  10  districts 
from  each  of  which  a member  was  to  be  plac’d  in  the 
House  of  Representatives.  A competition  took  place 
in  many,  and  in  this,  consisting  of  Albemarle,  Am- 
herst, Fluvanna,  Goochland,  Louisa,  Spotsylvf,  Orange 
and  Culpeper,  between  Mf  Madison  and  myself.  He 
prevail’d  by  a large  majority  of  about  300.  It  wo*! 
have  given  me  concern  to  have  excluded  him,  but 
those  to  whom  my  conduct  in  publick  life  had  been 
acceptable,  press’d  me  to  come  forward  in  this  Gov!  on 
its  commencement ; and  that  I might  not  loose  an 
opportunity  of  contributing  my  feeble  efforts,  in  for- 
warding an  amendment  of  its  defects,  nor  shrink  from 
the  station  those  who  confided  in  me  wo*!  wish  to 
place  me,  I yielded.  As  I had  no  private  object  to 
gratify  so  a failure  has  given  me  no  private  concern. 

It  has  always  been  my  wish  to  acquire  property 
near  Monticello.  I have  lately  accomplish’d  it  by  the 
purchase  of  Col?  G.  Nicholas  improvements  in  Char- 
lotteville  & 800  acres  of  land  within  a mile,  on  the 
road  to  the  R.  fish  Gap — To  those  of  Gilmour  he  has 
added  others  of  stone  of  considerable  value  so  as  to 
have  expended  in  that  line  £2200.  The  land  is  toler- 
ably good  and  great  part  in  wood.  I give  him  in 
Western  property  to  be  valued  as  such  property  wo!* 
sell  upon  two  years  credit,  ;^2  5oo  ; and  if  I dislike  the 
valuation  I may  retain  the  land  and  pay  the  money  at 
the  expiration  of  6 years  with  interest.  Whether  to 
move  up  immediately  or  hereafter  when  I shall  be  so 


200 

THE  WRITINGS  OF 

[1789 

happy  as  to  have  you  as  a neighbour  I have  not  de- 
termin’d. In  any  event  it  puts  it  within  my  reach  to 
be  contiguous  to  you  when  the  fatigue  of  publick  life, 
sho^^  dispose  you  for  retirement,  and  in  the  interim 
will  enable  me  in  respect  to  your  affairs,  as  I shall  be 
frequently  at  Charlotteville  as  a summer  retreat,  and 
in  attendance  on  the  district  court  there,  to  render 
you  some  service.  You  will  I doubt  not  command 
me  with  that  freedom  the  pleasure  I shall  have  in  exe- 
cuting your  desires  will  authorize.  Peter  Carr  was 
with  me  a few  days  since,  he  came  from  W"?^burg  for 
his  health,  having  been  indispos’d  with  the  ague  & 
fever  & has  found  the  trip  of  service.  I think  him 
well  inform’d  & a promising  young  man.  Mr  Short 
has  entirely  forgotten  me — I have  heard  of  his  inten- 
tion to  return  this  year  and  hope  he  will  not  disappoint 
the  wishes  of  his  friends  in  that  respect.  I hope  you 
will  enjoy  your  health  and  that  your  daughters  are 
favor’d  with  same  blessings.  I have  lately  heard 
nothing  of  Mf  Mazzei — I fear  the  want  of  punctuality 
in  my  correspondence  has  lessen’d  me  in  his  esteem,  a 
circumstance  I sho^^  much  lament  as  I respect  him  for 
his  virtues  & talents.  Commend  me  to  them  all  and 
be  assur’d  of  the  sincerity  with  which  I am  your 
affectionate  friend  and  servant. 

Ja!  Monroe. 


TO  JAMES  MADISON. 

Fredericksburg,  April  [26],  1789. 

Dear  Sir, — I was  favor’d  with  yours  upon  my 
return  a few  days  since  from  the  districts  of  Staunton 


JAMES  MONROE. 


1789] 


201 


& Charlotteville — which  will  apologize  for  your  not 
hearing  from  me  sooner.  The  Judges,  Mrs.  Monroe 
and  our  child  were  of  the  party,  so  that  you  will 
readily  suppose  there  was  some  variety  in  the  enter- 
tainment. The  arrangement  of  the  business  of  the 
gen’l  court,  into  the  districts,  having  not  been  accom- 
plish’d, there  was  nothing  to  do  of  a civil  nature,  & of 
a criminal  only  at  Charlotteville,  where  one  was  con- 
demn’d & another  acquitted  of  a charge  of  horse 
stealing. 

We  are  happy  to  find  that  both  branches  of  the 
legislature  have  formed  a house ; that  the  President 
& vice  president  are  summon’d  to  fill  the  Executive 
department,  and  flatter  ourselves  that  the  government 
will  immediately  commence  its  operations. 

The  letter  address’d  to  Mr.  Jefferson  was  not  en- 
clos’d to  you,  but  committed  without  a cover  to  the 
fortune  of  the  postoflice.  I mention’d  I had  detain’d 
it  some  days  under  expectation  of  seeing  you  & ap- 
prehending you  had  pass’d  on  had  forwarded  it  thus. 
Not  knowing  what  wo’d  be  its  fate  under  these  cir- 
cumstances, in  the  gen’l  postoffice,  I requested  y’r 
attention  to  it.  I shall  however  very  shortly  forward 
another  to  y’r  care,  as  likewise  one  to  Mr.  Mazzei. 

Our  lottery  will  be  drawn  on  Wednesday  next.  I 
have  marked  for  you  the  following  tickets — No.  607, 
608,  609,  610.  I wish  you  success.  Our  best  wishes 
to  your  friends  in  B-way.  Inform  them  when  you 
meet  that  we  are  in  health.  Sincerely  I am  y’r  friend 
& servant. 


Ja?  Monroe. 


202 

THE  WRITINGS  OF 

[1789 

TO  JAMES  MADISON. 

Richmond,  June  15,  1789. 

Dear  Sir, — Upon  my  return  home  the  other  day 
after  the  close  of  the  chancery  term,  I found  a letter 
from  you  in  the  post-office,  wh.  had  been  there  for 
some  time.  This  will  apologize  for  my  not  answering 
it  sooner.  I am  again  call’d  here,  & shall  attend  until 
the  last  of  this  month  upon  the  gen’l  & court  of  ap- 
peals. Mr.  Jefferson  we  are  taught  to  believe  will 
visit  this  State  in  the  course  of  the  summer  & reside 
some  months  at  Monticello.  But  as  his  request  for 
leave  to  perform  this  tour  was,  (as  I have  understood) 
presented  in  the  interval  between  the  dissolut’n  of  the 
late  & organi’t’n  of  the  pres’t  gov’t,  whilst  no  one 
might  be  authoriz’d  to  grant  it,  & the  season  was  far 
advanc’d  before  the  latter  event,  I have  fear’d  the  re- 
port was  without  foundation.  Owing  however  to  the 
contrary  expectation  together  with  the  want  of  ma- 
terials, I have  declin’d  writing  him  latterly.  I had 
intended  to  have  given  Mrs.  M.  an  opportunity  of 
visiting  her  friends  in  N.  Y’k.  this  year,  but  have  lat- 
terly declin’d  it.  The  expense  of  the  trip  & approach- 
ing heat  of  the  season  presents  difficulties  not  to  be 
surmounted.  On  my  return  I shall  send  my  furniture 
& soon  after  move  up  to  Albemarle.  This  I expect 
to  accomplish  in  the  course  of  the  next  month  or  cer- 
tainly in  August.  Mrs.  M.  was  of  our  party  to  the 
district  court  & was  well  pleas’d  with  the  country. 
You  must  not  expect,  in  return  for  your  attention, 
any  communicat’n  of  importance  from  me.  The 
country  furnishes  nothing  of  the  kind,  & you  have 


JAMES  MONROE. 


1789] 


203 


intelligence  from  other  quarters,  sooner  than  it 
reaches  us. 

The  operations  of  the  government  is  the  object  here 
that  engages  the  publick  attention.  As  yet  no  act  of 
importance  has  pass’d,  and  of  course  no  ground  laid 
for  particular  approbation  or  censure.  In  general 
however,  so  far  as  I have  seen  the  effect,  the  discus- 
sion of  the  subjects  that  have  been  before  you  has 
made,  it  hath  Teen  a favourable  one.  An  anxiety 
seems  to  prevail  for  greater  dispatch,  but  this  the 
more  discerning  are  sensible  must  be  impracticable. 
Before  I move  shall  arrange  the  time  of  corres- 
pondence between  us  & apprise  you  of  it.  I am  with 
real  esteem,  sincerely  yours — 

Ja?  Monroe. 


TO  JAMES  MADISON. 

Fredericksburg,  July  19,  17S9. 

Dear  Sir, — Your  favor  advising  of  the  passage  of 
the  tonnage  & impost  bills  by  both  houses,  I have 
rec’d.  It  was  my  intention  to  have  remov’d  to  Albe- 
marle & attended  the  chancery  next  month  thence, 
but  as  it  will  be  better  to  have  Mrs.  M.  here  in  that 
interval  than  there,  where  she  has  but  few  acquaint- 
ances, have  postponed  our  removal  until  ab’t  the  1 5 
of  August. 

The  contest  between  the  two  houses  respecting  a 
discrimination  in  those  bills,  in  favor  of  nations  with 
whom  we  have  treaties  of  commerce,^  has  I own  ter- 

^ “Your  ideas  on  the  proposed  discrimination  between  foreign  nations  coin- 
cide, I perceive,  exactly  with  those  which  have  governed  me.” — Madison, 
August  9,  1879. 


204 

THE  WRITINGS  OF 

[1789 

minated  contrary  to  my  wishes — Our  experience  since 
the  peace  has  demonstrated  that  whilst  left  to  herself, 
without  apprehension  of  restraint  from  us,  we  have 
nothing  to  expect  from  the  liberality  of  G:  B.;  whether 
such  restraint  might  ultimately  succeed  in  bringing 
her  to  terms,  especially  with  respect  to  the  West  In- 
dies, is  uncertain,  but  there  can  be  no  doubt  that  until 
the  experiment  is  made  we  must  abandon  the  hope. 
The  conduct  of  France  likewise  towards  us  required 
some  attention,  for  altho’  not  bound  by  treaty  to  give 
her  any  preference,  even  over  those  nations  with  whom 
we  are  not  thus  united,  yet  sound  policy  and  good 
neighbourhood  suggest  the  propriety  of  meeting  her 
advances,  as  well  to  compensate  for  those  benefits  she 
has  already  extended  to  us,  as  in  order  to  induce  her 
to  grant  us  others.  The  subject  is  however  still  ca- 
pable of  being  manag’d  to  the  best  advantage — A re- 
straint on  the  commerce  of  B.  whether  on  her  shipping 
or  manufactures  gives  a bounty  to  France.  If  the 
latter  is  willing  to  pay  the  price  of  such  a preference, 
and  to  secure  the  consideration  on  each  side,  it  may 
be  done  thro’  the  Executive  department  of  gov’t.  As 
therefore  this  door  is  still  open  I have  hopes  the  ob- 
ject will  not  be  given  up,  but  that  the  disposition  which 
the  Representatives  have  shewn,  may  be  improv’d  in 
that  line,  with  the  aid  of  the  Senate,  for  the  common 
benefit  of  both  nations.  Will  you  adjourn  in  the 
course  of  the  year  ? if  so  and  you  visit  Virg.^  we  shall 
be  happy  to  see  you  in  Albemarle. 

In  what  state  is  our  Mohawk  aff’r  A total  neglect 


* “ My  trip  to  N.  Y.  was  occasioned  chiefly  by  a plan  concerted  between  Col. 
Monroe  and  myself  for  a purchase  of  land  on  the  Mohawk.  Both  of  us  have 


17891  JAMES  MONROE. 


on  our  part  may  be  prejudicial  to  us — He  may  sell  to 
some  other  person  & convey  the  land.  A communi- 
cation with  him  wo’d  perhaps  be  proper.  I was  in- 
formed by  Gov’r  C.  before  I left  N.  Y’k  that  the  land 
had  appreciated  at  that  time  in  his  estimation  ab’t  one 
doFr  p’r  acre.  If  it  had  in  that  degree  at  that  time 
and  as  the  Eastern  people  have  settled  almost  the 
whole  of  that  country,  tis  presumable  it  has  since,  to 
a greater  nominal  amount,  tho’  not  perhaps  in  equal 
ratio.  If  it  is  in  effect  an  object  I would  willingly 
make  a sacrifice  of  other  property  for  it,  but  if  upon  a 
view  of  present  circumstances,  you  are  of  opinion  it  is 
not,  it  wo’d  be  more  convenient  for  me  to  direct  the 
money  to  other  purposes  than  let  it  lie  unprofitably 
idle.  I believe  you  draw  one  prize  of  ;^3.  in  this  lot- 
tery— How  many  tickets  shall  I mark  for  you  in  the 
last  class  to  be  drawn  in  Sep’r  ? Our  respects  to  our 
friends  in  B.  W.  [Broadway]  when  you  see  them. 

Yr  s sincerely 

JA^  Monroe. 


TO  JAMES  MADISON. 

Fredericksburg,  Aug’t.  12,  1789. 

Dear  Sir, — Your  favor  of  the  27th  ult’o  found  me 
in  Richmond  attending  the  chancery  whence  I re- 
turned two  days  since.  We  move  on  Monday  next 
to  Albemarle  having  already  sent  up  the  principal  part 
of  our  furniture  &c. — You  will  address  to  me  in  future 

visited  that  district  and  were  equally  charmed  with  it.  . . . In  talking  of 

this  Country  sometime  ago  with  General  Washington  he  considered  it  in  the 
same  light  with  Monroe  and  myself,  intimating  that  if  he  had  money  to  spare 
and  was  disposed  to  deal  in  land,  this  is  the  very  spot  which  his  fancy  had 
selected  out  of  all  the  U.  S.”— Madison  to  Jefferson,  August  12,  1786. 


206 

THE  WRITINGS  OF 

[1790 

by  the  way  of  Richmond — our  delay  has  been  pro- 
tracted too  long  to  secure  us,  I fear,  from  the  con- 
tagion incident  to  the  lower  country ; as  yet  however 
we  have  escap’d  any  sensible  effect,  so  that  if  it  sho’d  ! 
discover  itself  above,  ’tis  not  improbable  it  may  be 
attributed  to  an  improper  cause.  The  bills  on  ordi- 
nary subjects  as  trade  &c  appear  to  give  general  sat- 
isfaction. That  to  embrace  the  judi’y  will  occasion 
more  difficulty,  I apprehend,  than  any  other,  as  it  will 
form  an  exposition  of  the  powers  of  the  govt  itself, 
and  shew  in  the  opinion  of  those  who  organized  it, 
how  far  it  can  discharge  its  own  functions,  or  must 
depend  for  that  purpose,  on  the  aid  of  those  of  the 
States.  Whatever  arrangement  shall  be  now  made  in 
that  respect,  will  be  of  some  duration,  w’h  shews  the 
propriety  of  a wise  provision  in  the  commencement. 

I write  you  in  haste  merely  to  apprize  you  of  my 
departure  hence  & assure  you  of  the  esteem  & regard 
with  w’h  I am  sincerely  yours — 

jAf  Monroe. 


TO  JAMES  MADISON. 

Richmond,  March  5,  1790. 

Dear  Sir, — I flatter’d  myself  I sho’d  have  been 
able  by  this,  to  have  remitted  you  my  proportion  of 
the  balance  due  Mr.  Taylor  for  the  land  we  bought 
of  him — but  my  endeavors  have  been  ineffectual,  nor 
do  any  prospects  that  I have,  warrant  a hope,  I shall 
be  able  to  command  it,  within  any  short  period  of 
time.  Thus  circumstanc’d  it  wo’d  be  more  agreeable 
to  me  to  disengage  myself  from  the  contract.  Per- 


JAMES  MONROE. 


1790] 


207 


haps  it  might  suit  you  to  take  the  whole — if  so  I 
doubt  not  I sho’d  accede  with  pleasure,  to  whatever 
might  be  agreeable  to  you — otherwise  it  may  be  ad- 
visable to  propose  it  to  Mr.  Taylor,  as  I fear  it  will 
not  be  in  my  power  to  raise  the  money  in  time  for  his 
purpose — nor  is  it  agreeable  to  me  to  keep  him  longer 
in  suspense.  Mr.  Jefferson  is  in  town  &:  will  sit  out 
in  a day  or  two  for  New  York — his  daughter  has  been 
lately  married  to  Mr.  Randolph — I have  nothing 
worthy  yr.  attention  to  give  you — the  measures  of  y’r 
house  respecting  the  publick  debt  is  the  only  subject 
of  debate  here — the  different  places  ^ have  their  ad- 
vocates— I am  not  myself  sufficiently  acquainted  with 
either  to  determine  on  its  merits — the  impression,  a 
superficial  view  of  the  subject,  has  made  on  my  mind, 
has  not  engag’d  its  assent  to  either — but  the  subject 
is  a difficult  one,  and  the  means  are  narrow  & circum- 
scrib’d, so  that  ’tis  hardly  possible  to  devise  any  plan 
free  from  exception — wx  beg  you  to  remember  us  to 
our  friends  in  B.  way — I am,  dear  sir,  with  great  re- 
spect & esteem,  sincerely  yours 

JA^  Monroe. 

TO  THOMAS  JEFFERSON. 

Fredb’g,  June  7,  1790, 

Dear  Sir, — I wrote  you  lately  by  Judge  Wilson 
whom  I accompanied  to  the  circuit  court  at  Charlottes- 
ville. I have  since  been  to  the  chancery  w^  clos’d  as 
to  business  of  consequence  on  Saturday.  Our  child 
who  hath  been  dangerously  ill  hath  so  far  recover’d  as 
to  admit  of  her  removal  home.  We  sit  out  thither  to- 


For  the  location  of  the  Federal  Capital. 


2o8 


THE  WRITINGS  OF  [1790 


morrow,  where  I shall  remain  untill  the  appeals,  ab^ 
the  25'.^ 

This  will  be  presented  to  you  by  Mf  Garnett  a 
merchant  of  character  & merit  in  this  town — Whilst  a 
resident  here  he  was  kind  & attentive  to  me,  and  as  a 
proof  of  my  regard,  I have  taken  the  liberty  to  make 
him  known  to  you.  Accept  our  best  wishes  for  your 
health  & believe  me,  etc. 

Ja?  Monroe. 


TO  JAMES  MADISON. 

Richmond,  July  2,  1790. 

Dear  Sir, — Your  favor  of  the  17th  of  June  I have 
rec’d  & am  sorry  to  find  the  most  important  measures 
of  Congress  still  remaining  unsettled  & in  a very 
fluctuating  state.  The  assumption  will  be  disliked 
here  from  what  I can  learn,  under  any  shape  it  can 
assume.  Under  the  discussion  it  has  rec’d,  the  pub- 
lick  mind  appears  to  be  made  up  on  the  subject,  & 
will  not  readily  yield  to  any  accommodation  respecting 
it.  You,  however,  can  best  judge  of  these  things  & 
I only  mention  the  above  fact  as  one  of  those  circum- 
stances to  be  taken  into  the  calculation  in  any  final 
determination  on  the  subject. 

A bill  has  pass’d  the  gov’t,  I find,  for  settling  the 
acc’ts  of  the  U.  S.  with  individual  States,  by  w’h  two 
Com’rs  are  to  be  added  to  those  already  in  office. 
One  will  probably  be  taken  from  this  State,  at  least  I 
presume  that  will  be  the  case.  Mr.  Dawson^  has  1 

’John  Dawson,  Monroe’s  brother-in-law,  and  his  colleague,  from  Spottsyl- 
vania  County,  in  the  Convention  of  1788,  He  was  at  this  time  a member  of 
the  Executive  Council. 


i79o]  JAMES  MONROE. 


doubt  not  from  the  friendship  subsisting  between  you 
communicated  his  desire  of  that  appointment.  As  I 
know  him  to  be  a young  man  of  parts,  merit  & atten- 
tion to  business,  I heartily  wish  him  to  succeed.  He 
stands  well  in  the  publick  estimation  in  his  present 
office  & I think  his  appointment  wo’d  be  satisfactory 
to  the  publick.  With  my  best  wishes  for  your  welfare 
sincerely  I am  yours 

Ja?  Monroe. 

If  you  see  our  friends  in  B.  way  inform  them  their 
sister  & niece  are  only  in  tolerable  health. 


TO  THOMAS  JEFFERSON. 

Richmond,  July  3,  1790. 

Dear  Sir, — Your  favor  of  the  20^^  of  June  I have 
rec*?  & am  happy  to  hear  of  y-  restoration  to  health. 
Mr?  Monroe  & family  are  in  Albemarle  whither  I set 
out  in  a day  or  two.  They  are  well.  The  assumption 
of  the  State  debts  is  dislik’d  here,  & will  create  great 
disgust  if  adopted  under  any  shape  whatever.  The 
minds  of  all  are  made  up  on  it,  & I doubt  whether 
even  the  immediate  removal  to  the  Potowm!"  wo^i  rec- 
oncile them  to  it.  I merely  mention  this  as  a fact 
w^  I consider  as  well  establish’d,  without  entering  at 
present  into  its  merits,  further  than  to  observe,  that  I 
am  of  opinion  it  is  in  every  point  of  view  impolitick ; 
that  its  advocates  have  put  the  publick  name  & inter- 
ests in  jeopardy,  & that  it  will  be  hard  if  they  will  still 
press  forward  & sacrifice  these  important  considera- 
tions, if  we  do  not  yield  upon  terms  which  are  im- 
proper. It  is  however  much  to  be  wish’d  a revenue  bill 

VOL.  I. — 14 


210 

THE  WRITINGS  OF 

[1790 

could  pass  satisfactory  to  all  parties — for  this  is  cer- 
tainly essential  to  the  publick  welfare.  We  still  hope 
for  the  establishm!  of  the  seat  of  gov‘  on  the  Potom^ 
if  a permanent  one  is  fix’d  on  ; tho’  I must  confess  I 
consider  a vote  to  that  purpose  at  present,  to  take 
effect  hereafter,  as  of  but  little  importance. 

I observe  a bill  has  pass’d  for  settling  the  claims  of 
Individual  States  with  the  U.  S.  & that  under  it  2. 
com"^  are  to  be  appointed.  Virg.^  will  surely  have  a 
member  at  that  b^^,  if  so  Mr  Dawson  of  the  Council 
wo^^  be  happy  in  obtaining  it.  I have  known  him  for 
sometime  past  and  really  think  him  well  qualified  for 
it.  He  is  a young  man  of  sound  judgment,  parts  & 
attentive  to  business,  & am  persuaded  in  the  discharge 
of  that  trust,  wo^^  merit  the  approbation  of  the  govern- 
ment. An  impression  perhaps  took  place  some  years 
since,  on  his  first  commencement,  that  he  was  some- 
what dissipated.  If  this  was  even  at  that  time  well 
founded,  yet  be  assur’d  it  has  been  since  done  away. 
He  has  been  lately  appointed  to  Congress  & the 
Council  & in  my  opinion  possessed  of  the  publick  con- 
fidence. As  I think  him  fit  for  the  station  & really 
wish  him  well,  & on  that  acc^,  as  well  as  from  a desire 
to  avail  the  publick  of  his  services,  am  anxious  for  his 
promotion.  For  this  purpose  I have  taken  the  liberty 
to  mention  him  to  you,  that  so  far  as  you  concur  with 
me  in  an  opinion  of  his  merit,  he  may  be  avail’d  of 
your  aid.  I shall  write  you  from  Albemarle,  upon  a 
presumption  you  have  your  cipher,  on  a subject  some- 
what interesting  to  myself — With  the  best  wishes  for 
your  welfare,  I am,  yf  affectionate  friend  & servant 

jAf  Monroe. 


179°] 


JAMES  MONROE. 


2II 


TO  THOMAS  JEFFERSON. 

Albemarle,  July  i8,  lygo. 

Dear  Sir, — My  last  from  Richmond  in  ansf  to 
yours  of  the  20^^  of  June  has  no  doubt  been  rec^^  The 
more  I have  reflected  on  the  subject,  the  better  satis- 
fied I am  of  the  impolicy  of  assuming  the  State  debts. 
The  diminishing  the  necessity  for  State  taxation  will 
undoubtedly  leave  the  national  gov^  more  at  liberty  to 
exercise  its  powers  & increase  the  subjects  on  w^  it 
will  act,  for  that  purpose,  and  if  that  were  absolutely 
a necessary  power  of  the  gov!,  & no  objections  applied 
to  the  transfer  itself  of  the  publick  creditors  from  one 
gov!  to  the  other,  without  their  consent  (for  such  a 
modification  as  leaves  them  not  even  a plausible  alter- 
ation, amounts  to  the  same  thing,  & such  I understand 
the  report  to  be)  or  to  the  probable  inefficiency  of  the 
National  gov!  comparatively  with  those  of  the  states 
in  raising  the  necessary  funds,  I sho'?  perhaps  have  no 
objections  to  it  at  present.  Even  in  our  time  we  may 
hope  to  see  the  whole  debt  extinguish’d  or  nearly  so, 
& we  must  be  the  favor’d  people,  if  no  occasion  sho!^ 
hereafter  arise,  that  wo"!  make  it  necessary  for  the 
gen!  gov!  to  tax  highly,  & raise  considerable  revenues. 
Such  exigency  can  never  apply  hereafter  to  those  of 
the  States,  so  that  merely  for  the  sake  of  preserving 
an  equality  at  present,  I sho!^  think  it  useless  to  balance 
the  debt,  between  them.  But  as  I believe  this  (upon 
speculation  only)  a defect  in  the  government,  & pre- 
sume thro’  that  medium,  the  prepondrance  of  one  over 
the  other,  will  be  settled,  I wo^!  avoid  throwing  any- 
thing occasionally  into  that  scale  from  w^  I appre- 


212 

THE  WRITINGS  OF 

[1790 

bended  most  danger.  On  the  other  hand  as  the  gov5 
now  rests  on  its  own  means,  for  the  discharge  of  its 
engagements,  I wo^^  always  use  its  powers  for  the  pur- 
pose, nor  I indanger  the  publick  credit  rather  than 
exercise  a power,  w^  was  of  questionable  propriety,  or 
in  some  instances  thought  so.  Thus  things  wol  have 
their  regular  course,  proper  experiments  wol  be  made 
& we  shol  ultimately  be  landed  where  we  shoJ^  be. 
The  weight  of  all  the  State  creditors  thrown  into  the 
national  scale  at  present,  might  also  perhaps  produce 
some  disorder  in  the  system,  as  it  wo^^  occasion  a for- 
tuitous but  severe  pressure  from  that  quarter,  affect- 
ing them  from  the  heart  to  the  extremities,  before 
either  their  legislators  by  moderate  experiments,  had 
acquir’d  sufficient  knowledge  for  the  purpose,  or  the 
people  given  sufficient  proof  of  what  they  could,  and 
what  they  would  bear.  Will  not  this  from  necessity, 
as  well  as  policy,  compell  them  to  glean  whatever  they 
can  from  trade,  pressing  that  resource  upon  trial  like- 
wise, beyond  what  perhaps  for  the  sake  of  revenue,  it 
can  bear.  Sc  introducing  a system  of  economy  in  other 
respects  very  oppressive  on  some  parts  of  the  U.  States  : 
For  in  the  present  state  of  Arts  & industry  in  Amer- 
ica, the  moment  that  medium  is  pass’d,  that  forms  the 
basis  of  a wise  commerc!  policy  for  the  whole,  disfus- 
ing  its  beneficial  effects  to  every  part,  will  it  degene- 
rate into  a tyrannous  sacrifice  of  the  interests  of  the 
minority  to  that  of  the  majority  ; and  that  precise 
medium  w^  will  be  most  productive  in  point  of  revenue 
& beneficial  in  other  respects,  can  only  be  discover’d 
by  gradual  operation  & gentle  experiments,  which  the 


i79o]  JAMES  MONROE. 


213 


assumption,  for  the  reasons  above,  will  entirely  pre- 
vent. As  to  the  residence  I will  only  hazard  one 
idea.  We  find  that  for  its  removal  to  Philf  the  repre- 
sentatives of  that  State  rely  on  those  of  this  & the 
other  Southern  States  or  some  of  them.  They  do 
not  expect  that  the  Eastern  States  will  vote  to  remove 
it  further  from  them.  Place  it  in  PhiP  & how  doth 
this  principle  apply  ? Will  our  & their  members  har- 
monize so  well  afterwards  ? Will  they  unite  in  for- 
warding it  to  Georgetown  or  will  it  not  rather 
immediately  bring  about  an  harmony  of  sentiment  & 
co-operation  elsewhere  ? And  shall  we  not  be  left  de- 
pendant on  a resolution  of  Congress  which  holds  its 
tenure  upon  the  pleasure  of  8.  States,  who  (whatever 
their  true  interests  may  be)  have  always  shown  they 
consider’d  it  as  consisting  in  keeping  the  seat  of  gov^ 
as  near  home  as  they  could  ? As  soon  as  they  get 
fix’d  in  PhiP  (&  the  shorter  the  term  allotted  for  their 
residence  there  the  more  active  will  this  principle  be) 
the  representatives  of  that  State  will  look  with  a jeal- 
ous eye  toward  their  brethren  of  the  South.  Any 
attempts  to  forward  the  erection  of  buildings  at 
Georgeton  will  at  first  be  rec^^  coolly  & afterwards 
with  disgust.  Common  interest  in  this  as  in  other  re- 
spects will  unite  them,  and  we  shall  soon  find  a well 
form’d  plan,  regularly  pursued,  that  shall  be  best  calcu- 
lated to  promote  them.  We  have  often  found  that  an 
union  on  some  great  question,  which  was  consider’d  as 
primary  or  ruling  in  the  view  of  parties,  gave  a tone  to 
their  proceedings  on  many  others.  How  much  more 
reasonable  then  is  it  to  expect  it,  when  there  are  so 


214 

THE  WRITINGS  OF 

[1790 

many  predisposing  causes  to  promote  it  ? I sho?  there- 
fore wish  to  see  the  funds  appropriated  & com^^  ap- 
pointed to  carry  on  the  work,  plac’d  as  completely 
without  the  reach  of  Congress  as  possible  afterwards, 
before  we  acceded  to  anything  upon  this  subject  only. 
Much  less  woJ^  I give  a consideration  for  anything  less. 
I hinted  in  my  last  I wo^^  mention  to  you  a subject  of 
importance  to  myself  in  cypher — but  as  you  expected 
to  return  to  France  when  you  left  it,  tis  possible  you 
omitted  to  bring  it  with  you.  As  tis  a matter  w^  does 
not  press  immediately,  and  w^  perhaps  you  may  con- 
jecture, & tis  possible  we  may  meet  before  I come  to 
any  decision  unless  I have  a private  opportunity,  I 
shall  decline  mentioning  it  untill  one  of  those  events 
takes  place.^  W e are  well  & hope  you  are  completely 
restor’d — I am,  your  affectionate  friend  & servant. 

Ja?  Monroe. 


TO  JAMES  MADISON. 

Charlottesville,  July  25,  1790. 

Dear  Sir, — Yours  of  the  4th  of  July  was  the  last 
rec’d  acknowledging  mine  by  Mr.  Garnett.  Those  of 
earlier  date  were  answer’d  from  Richmond.  I find 
you  have  had  before  you  two  subjects  only,  of  conse- 
quence latterly,  that  part  of  the  revenue  business  w’h 
respects  the  assumption  of  the  State  debts,  & the  fix- 
ing on  some  places  for  the  temp’y  & permanent  seats 
of  Congress.  The  latter  we  hear  has  been  finally  ad- 
justed in  favor  of  Phila.  & the  headwaters  of  the 


^ His  election  as  Senator? 


i79o]  JAMES  MONROE. 


Potow’k.  If  this  is  the  case,  & the  completion  of  the 
business  committed  in  a sufficient  manner,  to  the  Ex- 
ecutive department  of  the  government,  independently 
of  the  further  agency  of  Congress,  it  is  certainly  the 
wisest  & happiest  arrangement  that  can  be  made  re- 
specting it.  A great  question  will  be  ended  as  it 
sho’d  be.  But  every  thing  will  depend  on  its  being 
completed,  for  if  resort  must  be  had  hereafter  to  Con- 
gress, it  will  be  found  eventually  as  only  the  triumph 
of  Phila.  over  New  York,  & at  best  not  advancing  a 
single  step  towards  terminating  the  controversy  or 
establishing  a seat  of  permanent  residence  for  the 
government.  As  I have  not  seen  what  shape  it  has 
ultimately  rec’d,  I can  form  no  opinion  on  the  subject 
& only  hope  it  has  assum’d  the  proper  one.  On  the 
other  subject  I took  the  liberty  to  make  a few  obser- 
vations in  my  last.  No  proposition  that  I have  seen 
removes  my  objections  to  it,  for  at  best,  if  it  does  not 
compel  the  industrious  & complying  States  to  pay  the 
debts,  or  a part  of  the  debts,  of  those  who  have  been 
less  deserving,  it  prefers  the  exercise  of  taxation  in 
the  hands  of  the  national  to  those  of  the  State  gov- 
ernments, w’h  I cannot  approve.  And  for  w’h  I can 
see  no  necessity,  unless  it  shall  be  shewn  me,  that  the 
national  gov’t  is  answerable  for  the  debts  of  the  indi- 
vid’l  States,  w’h  of  course  I conclude  they  are  not, 
till  they  assume  them.  I believe,  however,  a satis- 
factory adjustment  of  the  other  business  wo’d  make 
this  more  palatable  here.  We  feel  ourselves  particu- 
larly oblig’d  to  you  for  y’r  kindness  in  giving  us  in- 
telligence from  our  friends — we  never  hear  from  them. 


216 

THE  WRITINGS  OF 

[1790 

except  where  you  extract  a line  from  them.  It  re- 
vives Mrs.  M’s  spirits,  w’h  from  her  long  absence  are 
often  depress’d — we  hope  to  see  you  here  in  the 
course  of  autumn — with  sincere  esteem  & regard  I 
am  affect’y  your  fri’d  & serv’t. 

Ja®  Monroe. 


TO  THOMAS  JEFFERSON. 

Charlottesville,  July  26,  1790. 

Dear  Sir, — A few  days  past  your  favor  of  June  1 1. 
was  presented  me  by  yf  relation  Mf  G.  Jefferson  ex- 
pressive of  yf  friendly  & benevolent  wishes  toward 
that  young  gentleman.  Col?  Lewis  is  on  a visit  to 
Bedford,  so  that  whatever  depends  on  him  will  remain 
in  suspense,  untill  his  return,  w^  will  be  in  a few  days. 
In  the  interim  he  will  remain  with  me,  & indeed  untill 
he  shall  be  comfortably  establish’d  in  the  neighbour- 
hood. Be  assur’d  I shall  be  happy  to  render  him 
every  possible  service  in  my  power,  being  gratified 
with  an  opportunity  of  shewing  my  regard  to  whom- 
ever you  may  wish  to  possess  it,  especially  so  near  a 
connection  of  your  own. 

Tis  reported  here  that  the  subject  of  residence  has 
rec^^  a final  decision,  w^  has  terminated  in  favor  of  the 
head  waters  of  the  Potow!"  as  the  permanent,  & Philf 
as  the  temp^  seat.  The  precise  modificat?  has  not 
reach’d  us.  If  they  have  not  plac’d  it  too  high  up 
the  country  in  the  instance,  suffer’d  it  to  remain 
too  long  in  Phil?  in  the  next,  & left  the  erection  of 
the  buildings  in  some  measure  dependent  on  subse- 


i79o]  JAMES  MONROE.  217 


quent  votes  of  Congress,  I shall  heartily  approve  of 
it.  If  they  have  plac’d  the  latter  business  under  the 
direction  of  the  Executive  it  will  most  probably  suc- 
ceed. If  this  interesting  subject  has  been  clos’d  in 
the  manner  represented  to  us,  & shall  be  bona  fide  ex- 
ecuted, I shall  consider  it  as  a liberal  & magnanimous 
trait  in  the  operations  of  the  gov^  w^  will  do  those 
who  discharge  its  functions  the  highest  credit  ; and 
altho’  I did  not  expect  upon  this  subject,  from  their 
former  conduct  on  it,  such  a decision,  yet  as  nature 
has  pass’d  no  inhibiting  law  to  the  contrary,  I shall 
conclude  it  is  the  case.  I am,  sincerely  your  affec- 
tionate friend  & servant 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Richmond,  Octr  20,  1790. 

Dear  Sir, — After  the  most  mature  reflection  I 
have  at  length  yielded  to  my  inclinations  to  suffer  my 
name  to  be  mention’d  for  a publick  appointment.^  If 
it  takes  place,  unless  some  unpleasant  reflections  on 
probable  future  events  sho"!  press  on  me,  it  will  con- 
tribute greatly  to  my  own  & the  gratification  of  Mrf 
M.  as  it  will  place  us  both  with  & nearer  our  friends. 
But  to  be  candid  there  is  not  that  certainty  in  the 
event  we  seem’d  to  suppose.  Mr  Harvie,  Mann  Page, 


* As  United  States  Senator  to  fill  the  vacancy  caused  by  the  death  of  William 
Grayson,  March  12,  1790,  Governor  Harrison  had  appointed  John  Walker 
until  the  election  of  a Senator  by  the  Legislature.  Monroe  took  his  seat  De- 
cember 6,  1790,  and  was  re-elected  at  the  expiration  of  that  term. 


2i8 


THE  WRITINGS  OF 


[1790 


Walker  & Gov5  Harrison  are  in  or  rather  will  be  in 
the  nomination,  and  as  some  of  them  are  active  in 
their  own  behalf  it  is  extremely  doubtful  how  it  will 
terminate.  Col?  Lee  & Mf  Marshall  are  for  others. 
How  a particular  character  of  whom  we  spoke  is  dis- 
pos  d,  I know  not,  but  other  circumstances  have  in- 
terven’d to  make  his  inclination  in  my  favor  more 
questionable.  There  are  but  few  men  of  any  might 
in  the  house  & I really  know  none  on  whom  I can 
rely  with  certainty.  I have  reason  however  to  believe 
that  with  the  body  of  the  house  I stand  well  ; but  the 
body,  if  well  dispos’d,  requires  a head  to  keep  it  in  a 
proper  direction.  I shall  write  further  by  the  next 
opportunity  & am  sincerely  yf  friend  & servant 

jAf  Monroe. 


TO  THOMAS  JEFFERSON. 

Richmond,  OcU  22^  1790. 

Dear  Sir, — I wrote  you  a few  days  past  in  great 
hurry  by  the  Albemarle  post  which  I presume  has 
been  receiv’d.  You  have  been  able  to  collect  from 
that  communication,  that  my  services  will  be  offer’d 
for  the  Senate,  unless  upon  the  information  of  my 
friends  it  shall  appear  probable  they  will  be  rejected. 
I gave  you  then  a detail  of  circumstances  relative  to 
that  business,  & can  only  now  add  that  as  far  as  I 
know  it  will  equally  suit  their  present  situation  ; un- 
less indeed  the  activity  of  some  gent?  professedly 
candidates  for  that  station  sho^^  have  occasion’d  a 
change  ; — one  additional  competitor  only  excepted, 
Col?  Lee.  You  will  observe  that  I only  give  you 


JAMES  MONROE. 


1790] 


219 


what  I hear  for  I know  nothing  of  myself.  It  is  pro- 
pos’d by  some  to  continue  the  present  gentJ"  untill 
March.  I have  determin’d  in  great  measure  in  case  of 
my  election  to  abandon  my  profession.  You  find 
my  letters  contain  little  foreign  intelligence  ; that  I 
ingross  the  whole  to  myself.  I may  probably  be  up 
at  the  County  Court.  I am  with  the  greatest  respect 
& esteem  sincerely  your  friend  & servant, 

Ja"  Monroe. 

P.  S.  It  is  also  said  that  Mr.  Matthews  the  Speaker 
will  be  nominated  & the  chair  has  latterly  been  a step 
to  other  offices. 


TO  THOMAS  JEFFERSON. 

Fredericksburg,  Nov^  26,  1790. 

Dear  Sir, — Since  my  appointment  I have  not  be- 
fore had  leisure  to  acknowledge  the  rec‘  of  your 
obliging  favor  from  Monticello.  The  arrangement  of 
my  business  in  the  different  courts,  & other  affairs, 
has  given  me  full  employment  & detain’d  me  so  long 
that  it  will  be  difficult  to  reach  PhiP  by  the  day  ap- 
pointed for  the  meeting  of  the  Congress.  This 
however  I shall  attempt — & for  this  purpose  sit  out 
hence  on  Monday,  unless  detain’d  by  bad  weather  w^ 
threatens  much  at  present.  I sho^  most  chearfully 
accept  kind  offer  to  procure  us  lodgings  upon  our 
first  arrival,  if  we  have  determin’d  to  proceed  in  the 
first  instance  to  PhiP ; but  tis  probable  we  may  call 
upon  a Mf  Ch!  Willing  an  uncle  by  marriage  of  Mrf 
Monroe,  where  she  may  remain  a few  days,  untill  I 
shall  be  able  to  procure  the  necessary  accomodation. 


220 


THE  WRITINGS  OF 


[1790 


If  this  sho^^  not  be  the  case  I shall  proceed  to  the  city 
tavern,  from  whence  I shall  soon  be  able  to  find  you, 
to  avail  myself  of  yf  aid  to  better  our  situation.  Mr! 
Harris’s  wo^  be  our  object,  but  we  sho^^  only  interfere 
with  her  interest,  by  excluding  for  the  time  more  per- 
manent lodgers.  I believe  we  will  take  the  rout  of 
Annapolis  & the  Eastern  shore.  I hope  to  reach 
Phik  on  Sunday  evening.  I am  sincerely  y!  friend  & 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Phila,  Dec!  15,  1790. 

Dear  Sir, — I send  you  the  letters  mention’d  last 
night,  among  w^  you  will  find  two,  from  Mf  Fitzhugh 
& Mf  Page  each,  cover’d  by  one  from  the  old  gene 
his  father,  recommendatory  of  young  Mr.  Mortimer. 
He  is  extremely  anxious  to  have  him  admitted  into  yf 
office  & under  y!  care.  The  young  man  appears  to 
be  amiable  in  temper  & manners  sensible,  prudent, 
and  is  well  esteem’d  among  his  acquaintance  in  these 
respects  ; but  the  two  gen^"  who  have  mention’d  him 
to  you  are  better  acquainted  with  his  merits  than  I 
am,  and  to  their  subscription  no  addition  will  be  re- 
quir’d of  me.  I told  him  it  was  probable  the  duties  of 
yr  office  had  forc’d  on  you  before  this  the  disposition 
of  appointments  of  this  kind,  so  that  altho.  he  most 
earnestly  wishes  it  yet  he  is  in  some  measure  prepar’d 
to  receive  a negative. 

With  great  esteem,  & regard  I am  sincerely  yf  friend 
& servf 


Ja?  Monroe. 


1791]  JAMES  MONROE. 


TO  THOMAS  JEFFERSON. 

Phila.,  Jan’y  17,  1791. 

Dear  Sir, — I wrote  you  soon  after  my  arrival  here 
relative  to  the  wishes  & pretentions  of  a Morti- 
mer, son  of  Dr.  M.  of  Fred’bg,  to  an  appointment  in 
y’r  office.  As  I understood  mine  was  accompanied 
with  letters  from  Mr.  Fitzhugh  & Mr.  Page  I sup- 
p’d an  answer  wo’d  have  been  communicated  to  those 
gent’n.  Latterly  I have  rec’d  several  applications  on 
that  subject  from  the  Dr.  & his  friends.  I have  there- 
fore to  request  that  you  will  enable  me  to  give  him 
satisfactory  information  on  that  point.  I have  just 
rec’d  a letter  from  Colo.  Bell  who  informs  that  Mr.  & 
Mrs.  Randolph  are  well.  Sincerely  I am  y’r  friend  & 
serv’t  Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Charlottesville,  March  29,  1791. 

Dear  Sir, — When  I left  this  for  PhiP  last  Nov^, 
from  a desire  to  place  my  brother  without  the  reach 
of  bad  example,  in  a quiet  good  family  & where  he 
might  pursue  his  studies  to  the  best  advantage,  I 
engag’d  lodgings  for  him  with  old  Mr  Jaf  Kerr.  The 
gen!  opinion  of  my  acquaintance  here,  was  in  favor  of 
this  preference  for  his  house  & society,  w^  was  the 
more  confirm’d  on  my  part,  from  a knowledge,  that  I 
had  render’d  him  services,  & had  a claim  to  his  atten- 
tion. You  will  readily  conceive  my  astonishment 
when  you  hear  that  on  my  way  up  yesterday,  I was  in- 
form’d he  was  married  to  Mr.  Kerr’s  daughter.  That 


222 

THE  WRITINGS  OF 

[1791 

by  his  management  the  young  man  had  been  artfully 
kept  from  the  society  of  any  of  my  friends,  & contrary 
to  his  own  wishes,  who  urg’d  the  impropriety  of  it,  had 
been  precipitated  into  it  before  my  return  ; although 
it  was  well  known  I sho^^  certainly  be  in  by  this  time. 
As  I have  had  the  care  of  this  youth  since  I have  been 
able  to  take  care  of  myself ; have  expended  much 
money  in  the  previous  part  of  his  education,  & hoped 
whatever  might  be  the  indiscretions  of  his  early  life  to 
make  him  at  more  mature  age  useful  to  himself  & to 
others,  & particularly  if  any  accident  sho^^  bereave  my 
family  of  my  support,  to  make  him  a parent  to  them 
as  I have  been  to  him.  Believe  me  this  has  been  the 
most  heartfelt  & afflicting  stroke  I have  ever  felt.  If 
his  education  had  been  complete  & himself  establish’d 
in  life,  able  to  take  care  of  a family,  to  me  it  wo!^  have 
been  a matter  of  indifference  with  whom  he  connected 
himself.  But  being  yet  a minor  & quite  unfinished  in 
these  respects  the  injury  appears  to  be  almost  without 
remedy.  It  is  likewise  surprising,  considering  the  cir- 
cumstance of  his  minority,  as  that  his  guardianship 
was  intrusted  to  me,  who  was  daily  expected,  that  the 
license  was  given  or  that  the  clergyman,  Mf  Maury, 
married  him — however  such  have  been  the  facts. 

I heard  yesterday  evening  on  my  arrival  that  Mr.  & 
Mr?  Randolph  were  well.  I set  out  in  the  morning 
for  the  district  court  at  Staunton.  Our  journey  in  was 
slow  8i  tedious  beyond  our  expectation.  Mr?  M.  & 
child  are  at  Fred^.^  The  latter  by  her  indisposition 
detain’d  us  almost  a week  at  Baltimore.  I am,  dear 
Sir,  very  affectionately  y?  friend  & servant. 

Ja?  Monroe. 


ijgi]  JAMES  MONROE. 


223 


TO  THOMAS  JEFFERSON. 

Richmond,  June  17,  1791. 

Dear  Sir, — I have  been  favor’d  with  2 letters  from 
you  since  my  arrival,  with  Paine’s  pamphlet  in  one, 
& sho^  have  answer’d  them  sooner,  but  knew  of 
yf  departure  Eastward,  & of  course  that  it  wo^^  not 
have  been  sooner  rec^^.  By  the  2 5^^  we  shall  be  settled 
in  Albemarle  upon  my  plantation,  the  unfinish’d  state 
of  the  buildings  having  prevented  the  removal  there 
sooner.  The  appl^  and  gen!  court  are  sitting.  Their 
respective  terms  will  not  expire  so  as  to  enable  me  to 
get  home  by  that  time,  but  my  own  business  will  be 
finished  & I shall  not  stay  longer. 

Upon  political  subjects  we  perfectly  agree,  & par- 
ticularly in  the  reprobation  of  all  measures  that  may 
be  calculated  to  elevate  the  government  above  the 
people,  or  place  it  in  any  respect  without  its  natural 
boundary.  To  keep  it  there  nothing  is  necessary  but 
virtue  in  a part  only  (for  in  the  whole  it  cannot  be 
expected)  of  the  high  publick  servants,  & a true  de- 
velop’ment  of  the  principles  of  those  acts  w^  have  a 
contrary  tendency.  The  bulk  of  the  people  are  for 
democracy,  & if  they  are  well  informed  the  risk  of 
such  enterprizes  will  infallibly  follow.  I shall  how- 
ever see  you  in  Sep^  at  w^  time  we  will  confer  more 
fully  on  these  subjects. 

I have  been  apointed  in  the  room  of  Mf  Pendleton 
with  the  Com"^^  for  revising  the  laws  of  this  State. 
The  appointment  was  communicated  to  me  yesterday 
by  the  Executive  & as  it  was  neither  wished  for  nor 
expected,  I can  give  no  information  of  the  extent  of 


224 


THE  WRITINGS  OF  [1791 


the  duty  or  the  time  it  will  take  to  execute  it.  Upon 
the  hope  of  completing  what  is  expected  from  us  be- 
fore the  meeting  of  the  next  Congress,  I have  ac- 
cepted the  appointment. 

I am  extremely  anxious  to  procure  rooms  near  you 
for  the  next  session.  If  such  sho^^  be  known  to  you 
w^  may  be  preingag’d,  to  be  occupied  on  the  com- 
mencement of  the  session,  shall  thank  you  to  contract 
for  them  in  my  behalf.  I shall  certainly  be  there  at 
that  time,  for  having  accepted  this  appointment  I am 
resolved  to  persevere  & not  be  directed  from  it 
by  any  consideration  whatever.  Remember  me  to 
Mf  Madison.  Mr?  M.  was  well  when  I left  her. 
With  great  respect  & esteem  I am  affectionately 
y?  friend  & servant 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Wm^burg,  July  25,  1791. 

Dear  Sir, — Your  favor  of  the  Io‘^  found  me  here 
upon  the  business  mention’d  in  my  last.  I left  M"  M. 
at  Monticello  to  remain  till  my  return.  I have  been 
here  near  three  weeks, — shall  leave  it  tomorrow  on 
my  way  back.  We  have  gone  thro’  the  business,  al- 
lotted to  each  his  duty  and  are  to  meet  again  in 
Fred^.^  on  the  of  Octf  next.  A part  of  our  duty 
was  to  consolidate  (when  many  were  drawn)  all  the 
Acts  on  one  subject — the  object,  to  make  the  law 
more  perspicuous,  by  drawing  its  scatter’d  parts  into 
one  view  & repealing  all  preceeding  laws  on  such  sub- 
ject. A question  arose  in  the  Commitee  whether 


i79il  JAMES  MONROE.  225 


they  were  bound  by  this  to  prepare  a bill  conformable 
to  the  law  as  it  stands,  or  provided  they  confin’d  them- 
selves to  the  subject,  might  propose  on  it  any  new 
project  they  thought  fit.  Of  the  latter  opinion  were 
Tazewell,  Tucker  & Lee,  Prentis,  Nelson  & myself  of 
the  former.  We  were  willing  however  that  any  mem- 
ber who  conceiv’d  the  policy  defective  might  propose 
a bill  for  the  purpose  of  amending  it,  w^  (having  the 
approbation  of  the  Committee)  might  accompany  the 
other,  with  the  preference  of  the  board,  thus  giving  the 
legislature  a fair  alternative  between  them.  In  point 
of  importance  & labor  the  business  is  pretty  equally 
divided  between  the  members,  but  how  these  gent" 
above  referr’d  to,  particularly  Tucker  & Lee,  will  ex- 
ecute their  part  in  this  respect  is  doubtful ; we  shall 
observe  the  principle  contended  for  on  our  part 
strictly.  An  attempt  was  made  to  protract  our  meet- 
ing untill  that  of  the  Assembly,  to  have  it  likewise  at 
Richmond,  with  a view  by  management  of  procuring 
admission  into  the  house  for  the  purpose  of  support- 
ing the  report.  This  has  been  urg’d  by  most  of  them 
and  altho  the  time  of  meeting  has  been  yielded,  yet 
the  other  object  is  not  abandon’d.  It  is  sought  no 
doubt  with  other  views  by  several  than  merely  that  of 
explaining  the  bills  that  will  be  submitted.  Some  of 
them  certainly  wish  to  avail  themselves  of  such  an  op- 
portunity of  gaining  the  good  wishes  of  that  body  for 
other  purposes.  The  contest  of  Burke  & Paine,  as 
reviv’d  in  America  with  the  different  publications  on 
either  side  is  much  the  subject  of  discussion  in  all 
parts  of  this  State.  Adams  is  universally  believ’d  to  be 

VOL.  I. — 15 


226  THE  WRITINGS  OF  [1791 


the  author  of  Publicola  & the  principles  he  avows,  as 
well  as  those  of  Mr  B.  as  universally  reprobated.  The 
character  of  the  public  officers  is  likewise  pretty  well 
known.  At  first  it  was  doubted  whether  you  wo^^  not 
be  compeird  to  give  your  sentiments  fully  to  the  pub- 
lick, — whether  a respect  for  yourself  & the  publick 
opinion  wo^^  not  require  it  of  you.  Whilst  the  fever 
was  at  the  highest  the  opinion  preponderated  in  favor 
of  it.  At  present  it  appears  unsettled,  especially  as 
Adams  is  not  the  avow’d  author  of  Publicola,  and  so 
many  writers  have  taken  up  the  subject  in  your  favor. 
Your  other  engagements  w^  employ  so  much  of 
time  necessarily,  are  certainly  to  be  taken  into  the 
calculation  & must  have  great  weight.  The  publick 
opinion  however  will  before  long  fully  disclose  itself 
on  the  subject  of  government,  and  as  an  opportunity 
has  & is  in  some  measure  offer’d  you  to  give  the  aid 
of  yf  talents  & character  to  the  republican  scale,  I am 
aware  you  must  have  experienc’d  some  pain  in  re- 
pressing yf  inclinations  on  the  subject.  Your  senti- 
ments indeed,  if  they  had  been  previously  question’d, 
are  made  known  as  well  by  the  short  note  prefix’d  to 
Paines  pamphlet,  as  a vol : co?  do  it.  Dr.  Lee  is 
almost  the  only  man  I have  heard  censure  that  pam- 
phlet : or  support  that  of  his  antagonist.  Tis  said 
however  that  his  whole  family  are  in  harmony  with 
him. 

I am  particularly  thankful  for  yf  attention  to  our 
accommodation.  We  shall  be  happy  in  whatever  you 
do  in  that  respect  & the  more  so  as  the  nearer  you 
place  us  to  yf  self.  Remember  me  to  Madison. 


JAMES  MONROE. 


1792] 


227 


We  are  on  our  plan  tat"  surrounded  by  trees  Very 
affects  I am  dear  Sir,  sincerely  yf  friend  & servant 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Phila.,  April  2,  1792. 

Dear  Sir, — I have  been  requested  by  Mr.  Daw- 
son to  make  known  to  you  his  willingness  to  accept 
the  office  of  Director  of  the  Mint,  to  which  bill  the 
President  has  this  day  announced  his  assent.  As  my 
opinion  of  this  gent’n  was  communicated  to  you  on  a 
former  occasion  & he  is  known  personally  to  you,  'tis 
not  necessary  that  I sho’d  add  any  further  on  the  sub- 
ject. With  the  greatest  respect  & esteem,  Dear  Sir, 
Your  friend  & servant.  jAf  Monroe. 


TO  THOMAS  JEFFERSON. 

Senate  Chamber,  April  ii,  1792. 

Dear  Sir, — Be  so  kind  as  to  inform  me  whether 
in  consequence  of  our  conversation  respecting  the 
nominations  for  command  of  & inferior  appointments 
in  the  army,  there  is  any  executive  calculation  on  my 
conduct.  An  opposition  will  probably  be  made  to  the 
Commander,  but  most  certainly  if  there  is  in  the  most 
distant  degree,  I shall  not  join  in  it,  especially  as  'tis 
possible  (as  it  has  been  hinted  by  King — viz  ye  oppo- 
sition) it  may  not  bring  forward,  if  successful,  a more 
suitable  person.  Ja?  Monroe. 


228 

THE  WRITINGS  OF 

[1792 

TO  THOMAS  JEFFERSON. 

Philadelphia,  May  i,  1792. 

Dear  Sir, — In  April  1791  in  the  district  Court  of 
Fredericksburg  in  the  case  of  Mitchell  against  Wallis, 
in  which  the  law  of  the  State  was  plead  in  bar  of  the 
debt,  the  following  were  the  circumstances.  Mitchell, 
a native  of  Great  Britain  residing  and  trading  in  Vir- 
ginia, having  debts  due  him  to  great  amount,  con- 
veyed them  with  other  property  just  before  the  war  to 
the  use  of  his  creditors  in  Great  Britain,  and  of  one 
creditor  in  Virginia.  In  this  situation,  the  debts  re- 
mained through  the  war,  and  the  action  was  brought 
in  favor  of  the  British  Creditors  in  1788  or  89,  and 
judgment  rendered  for  the  plaintiffs.  Several  other 
judgments  were  entered  in  favor  of  the  same  parties, 
in  that  and  the  subsequent  term.  This  must  be 
deemed  such  a debt  as  was  supposed  to  be  prohibited, 
and  provided  for  by  the  treaty.  It  was  so  argued  on 
the  part  of  the  defendant,  whose  Counsel  I was,  and 
yet  judgment  was  given  against  him. 

I have  not  known  of  any  other  instances  wherein 
the  right  to  recover  was  regularly  contested.  It  was, 
however,  always  the  Opinion  of  the  ablest  Counsel  at 
the  bar,  that  those  debts  were  recoverable,  that  no 
law  prohibited  it,  and  if  it  were  otherwise,  that  the 
treaty  would  controul  it.  Since  the  establishment  of 
the  present  government,  upon  the  presumption  there 
would  be  no  further  doubt  on  the  subject,  I have  like- 
wise heard  several  of  the  State  Judges  say  they  had 
entertained  the  same  Opinion. 


JAMES  MONROE, 


1792] 


229 


’Tis  true  the  British  Merchants  declined  generally 
bringing  suits  prior  to  that  event,  nor  indeed  have  any 
great  number  been  since  brought  in  the  federal  courts. 
For  the  motive  to  this  conduct,  ’tis  not  necessary  to 
hazard  a conjecture,  as  your  enquiries  respect  only  the 
law  and  the  decisions  under  it.  Certain  it  is,  they  have 
been  progressing  and  with  great  success  since  the 
peace,  in  the  amicable  adjustment  of  their  accounts, 
with  their  debtors,  which  has  perhaps  been  more 
effectual  (admitting  that  there  was  no  dispute  about 
the  recovery  otherwise  than  other  debts)  than  any 
course  would  have  been. 

The  County  Courts,  until  very  lately,  have  had  ex- 
clusive jurisdiction  of  sums  under  ten  pounds  only. 
Upon  all  sums  above  that  amount,  their  decisions  have 
been  subject  to  the  revision  and  controul  of  the  Su- 
perior Courts.  A late  modification  gives  them  original 
jurisdiction  of  sums  under  ; but  as  well  as  I re- 
member, subject  as  before  to  correction  of  the  Superior 
Courts  by  Appeal  or  Supersedeas.  I believe  there  are 
but  few  debts  under  that  sum  of  the  kind  referred  to. 

In  the  Federal  Court  no  cause  had  been  put  at 
issue  until  the  last  November  term,  at  which  time,  that 
of  Jones  and  Walker  was  argued,  but  continued  over 
to  the  present,  upon  account  of  the  absence  of  Judge 
Blair,  who  left  the  bench  in  consequence  of  the  death 
of  his  Son. 

I have  the  honor  to  be  with  great  respect  and  esteem. 

Your  most  Obedient 

and  very  humble  Servant. 

Ja?  Monroe. 


230 

THE  WRITINGS  OF 

[1792 

TO  THOMAS  JEFFERSON. 

Richmond,  June  17,  1792. 

Dear  Sir, — I came  here  a few  days  past  to  attend 
the  of  Appeals,  it  being  an  irregular  term  & formed 
of  Judges  of  the  general  court  & some  of  those  of  the 
proper  of  Appeals,  to  take  cognizance  of  those 
causes  in  which  any  of  the  judges  of  the  latter  c‘  may 
be  interested.  It  is  likewise  expected  a meeting  of 
the  gentP  appointed  for  the  revision  of  the  laws  will  be 
obtained  & that  business  finally  concluded  as  the  1 5^^ 
was  appointed  for  it,  & little  remains  to  be  done.  I 
left  Mrs.  M.  in  Albemarle  not  perfectly  recovered  from 
the  fatigue  of  the  journey,  but  in  other  respects  in 
tolerable  health.  Our  child  was  well.  We  saw  Mr. 
& Mr®  Randolph  on  our  return  who  were  likewise 
well.  Mrf  M.  will  be  with  them,  part  of  the  time  I 
shall  be  absent. 

The  length  of  the  last  session  has  done  me  irre- 
parable injury  in  my  profession,  as  it  has  made  an 
impression  on  the  general  opinion,  that  the  two  occu- 
pations are  incompatible.  And  altho’  I am  satisfied 
that  no  future  session  need  be  protracted  to  such 
length,  yet,  in  respect  to  that  opinion,  and  especially 
to  avoid  the  possibility  of  negotiating  the  interest  of 
those  who  might  be  disposed  to  confide  in  me,  have 
determined  to  withdraw  from  those  courts  where  an 
interference  might  take  place,  and  in  general  to  make 
such  an  arrangement  in  my  business,  as  will  in  other 
respects  leave  me  more  at  liberty  to  discharge  the 
duties  of  the  other  station.  This  will  in  a great 


1792]  /AMES  MONROE. 


measure,  if  not  altogether,  exclude  from  it  the  idea  of 
professional  emolument ; it  connects  with  it  however 
that  of  a perpetual  presence  with  my  family  (if  the 
expression  is  applicable  to  any  thing  here)  and  the 
almost  uninterrupted  application  of  my  mind  to  ob- 
jects (so  far  as  of  a political  nature)  equally  necessary, 
and  when  diversified  certainly  more  gratifying.  I shall 
however  endeavor  to  attend  the  districts  near  me,  and 
to  conduct  business  regularly  in  them  ; my  attendance 
on  other  courts  will  be  only  occasional.  In  pursuit 
of  this  plan  I am  sorry  that  my  plantation  in  Alb:  is 
not  such  as  I could  wish  it.  Its  position  and  improve- 
ments were  suited  to  the  other  object,  and  for  that  they 
were  well  calculated,  but  for  this  less  so,  as  my  de- 
pendence wfill  be  more  on  it.  I sincerely  wish  I could 
purchase  a valuable  plantation  near  there,  or  indeed 
if  I co^  retain  a seat  there  and  procure  a productive 
one  elsewhere  I sho^  be  contented,  and  this  perhaps 
may  be  done. 

I find  the  general  sentiment  of  the  people,  of  this 
State  against  the  fashionable  doctrines  of  some  per- 
sons in  & about  the  government ; founded  too  and 
supported  in  such  manner  as  to  forbid  the  prospect  of 
any  change.  I have  not  seen  nor  have  I heard  of  any 
display  of  passion  but  in  the  sober  exercise  of  their 
reason  they  disapprove  of  them.  I mean  those  doc- 
trines which  may  be  deemed  anti-republican  or  which 
inculcate  or  furnish  the  means  for  the  support  of  a 
government  by  corrupt  influence,  or  indeed  by  any 
other  than  the  pure  interest  of  those  who  formed  it. 
They  want  information  of  facts  and  seem  not  even  to 


232 

THE  WRITINGS  OF 

[1792 

suspect  the  measures  that  have  been  practical  under 
them,  but  ascribe  the  whole  to  a mere  difference  of 
opinion  on  political  questions,  siding  here  with  the 
republican  party.  The  appointment  of  Gf  Morris^  & 
Wayne  Ms  so  generally  reprobated  that  no  one  ap- 
pears to  vindicate  it  in  either  instance.  It  is  said  that 
it  wo^^  have  been  difficult  to  have  found  more  unfit 
persons  for  those  stations,  even  if  some  industry  had 
been  used  to  select  them  out.  The  excise  is  generally 
disliked ; but  whether  any  tax  more  acceptable  could 
be  substituted  to  raise  the  same  sum  I have  not  been 
able  to  collect.  The  additional  impost  is  likewise 
complained  of.  In  truth  most  articles  of  foreign 
growth  or  manufacture  are  raised  in  this  state,  to  the 
prices  they  held  in  the  course  of  the  late  war.  How 
these  burdens  shall  be  lessened  and  the  publick  engage- 
ment as  now  modified  fulfilled,  will  require  much 
thought  and  information.  Whether  it  sho"!  be  at- 
tempted at  the  next  session  or  postponed  for  further 
experiment  & the  increased  representation  sho^  like- 
wise be  early  examined.  I expect  to  stay  here  aH  a 
fortnight.  Have  not  heard  from  you  but  am  told  a 
letter  has  passed  for  Albemarle.  I found  Gilmer 
much  better  : capable  of  taking  sustenance  & an  ap- 
petite for  it ; but  his  voice  & countenance  somewhat 
altered.  I think  he  will  recover. 

I have  disposed  of  my  carriage  to  Chf  Carter  (per- 
haps for  his  mother).  The  death  of  the  old  gent" 
made  it  impossible,  as  ex?  were  not  qualified  to 


’ Gouverneur  Morris,  Minister  to  France. 

^Anthony  Wayne,  Major  General,  to  command  the  army. 


1792]  JAMES  MONROE. 


233 


take  that  at  Germantown  ; but  as  I wished  to  part 
with  mine  & calculate  on  their  engagements  to  fur- 
nish the  money  to  replace  it  in  the  fall  I let  him  have 
it.  Our  plan  is  to  keep  one  in  Phik  & avail  ourselves 
of  some  other  vehicle  for  travelling  back-w"!  & for- 
ward between  home  & PhiP.  A chariot  is  rather  too 
heavy  & too  valuable  for  that  purpose.  At  present 
we  have  a Phaeton  somewhat  like  yours  but  less  valu- 
able. I have  taken  the  liberty  to  enclose  a note  to 
Ml;  Kerr  instructing  him  to  make  me  a chariot  by  the 
time  of  our  arrival  there.  Will  you  likewise  be  so 
obliging  as  to  advise  him  occasionally  upon  its  parts 
&E..  We  wish  it  a post  chariot ; light,  strong  & neat 
& modified  as  you  think  fit.  Divers  has  sent  forward 
the  money  to  pay  for  his.  I informed  him  you  were  so 
obliging  as  to  superintend  its  completion.  With  great 
respect  & esteem  I am,  Dear  Sir,  very  affectionately 
your  friend  & servant. 

Ja®.  Monroe. 


TO  JAMES  MADISON. 

Albemarle,  June  27,  1792. 

Dear  Sir, — I attended  on  the  15,  according  to  ap- 
pointment at  Richmo’d  to  meet  the  gent’n,  my  asso- 
ciates, in  the  revision  of  the  laws,  in  that  business, 
but  found  only  Mr.  Nelson  there.  Mr.  Lee  & Mr. 
Tucker  came  ab’t  the  20th  but*  predisposed  not  to 
enter  on  it  at  that  place.  Three  days  were  taken  up 
in  occasional  consultations  about  an  adjournment  to 
W’msburg  w’h  was  advocated  by  the  two  latter  & but 
feebly  resisted  by  the  former  member.  Their  side  of 


234  the  writings  OF  [1792 


the  question  derived  strength  from  the  certainty  that 
Tazewell  & Prentis  serve  with  it,  & that  it  would  be 
difficult  if  not  impossible  to  draw  them  up,  even  if 
the  labor  sho’d  be  commenced.  Thus  circumstanced 
(to  unite  the  greater  number  of  the  com’rs  & of 
course  more  effectually  discharge  the  duties  of  the 
trust),  it  appeared  expedient  that  an  adjournment 
sho'd  be  no  longer  resisted,  w’h  accordingly  took 
place  for  W’msb’g,  the  meeting  there  to  commence 
on  the  2d.  of  July  next.  It  remained  with  me  to  de- 
termine whether  I sho’d  abandon  the  further  prosecu- 
tion of  the  business  & remain  at  home  in  a more  healthy 
climate  in  the  pursuit  of  objects  of  a different  kind 
or  follow  it  up  under  all  these  disadvantages ; and  the 
result  of  my  reflection  has  been  in  favor  of  the  latter 
alternative,  not  however  without  some  degree  of  re- 
luctance & hesitation.  As  it  will  employ  us,  to  com- 
plete the  work  for  the  legislature,  about  three  weeks, 
making  by  the  journey  to  & from,  four,  Mrs.  M.  has 
agreed  to  accompany  me  down.  We  shall  sit  out  on 
Thursday,  not  without  the  most  painful  anticipation 
of  the  disagreeable  consequences  that  will  attend  us 
on  the  trip,  through  so  desert  a country  at  this  season 
of  the  year. 

We  are  very  much  concerned  that  it  will  postpone 
the  period  of  your  visit  here.  We  hope  however  for 
that  pleasure  immediately  on  our  return.  Our  child 
recovered  in  a few  days  after  we  left  you,  & tho’  not 
in  perfect  health  has  since  been  free  from  any  com- 
plaint that  sho’d  give  us  any  real  uneasiness.  I found 
my  farm  in  every  respect  in  the  most  miserable  state 


1792]  JAMES  MONROE. 


235 


that  it  could  be.  At  best  but  little  can  be  said  in  its 
favor,  but  less  industry  had  been  used  to  improve  its 
natural  deformities  or  make  it  yield  what  it  is  really 
capable  of,  than  might  have  been.  Time  & patience 
have  been  immemorially  prescribed,  as  the  only  source 
of  relief  in  difficult  cases.  Whether  the  practice  of 
these  virtues  will  produce  in  the  present  instance  the 
desired  effect,  is  questionable.  Admit  it  might,  it 
would  notwithstanding  be  infinitely  more  agreeable 
independent  of  the  profit,  to  apply  the  same  labour 
to  a more  grateful  soil. 

I find  by  the  papers  that  Clinton  is  re-elected  the 
Gov’r  of  New  York.  They  exhibit,  however,  some 
doubts  of  the  solidity  of  his  pretensions,  founded  on 
the  exclusion  of  the  votes  of  one  of  the  counties  upon 
the  principle  of  disqualification  in  the  returning  officer. 
'Tis  difficult  to  estimate  the  merits  of  this  controversy 
especially  through  the  medium  by  which  it  is  handed 
to  the  publick  view.  The  friends  of  one  have  declared 
him  duly  elected,  & those  of  the  other,  Lawrence, 
Troop  &c.  give  as  an  opinion  that  the  votes  of  that 
county  sho’d  be  admitted  and  upon  this  I presume  the 
election  hinged.  I have  not  sufficient  data  to  judge 
of  it  on  general  principles,  and  ’tis  not  improbable 
that  even  these  might  be  acted  on  by  some  State 
regulation. 

I found  at  Richmond  a general  disaffection  to  the 
measures  of  the  government  prevailing  ; in  the  speci- 
fication it  harmonized  with  the  sentiments  of  the  mi- 
nority. Notwithstanding  which  I am  well  satisfied  that 
in  the  present  state  of  things  the  soundest  delibera- 


236  THE  WRITINGS  OF  [1792 


tion  must  be  used,  before  any  attempt  for  a change  is 
made.  Upon  the  excise  particularly,  altho’  an  univer- 
sal odium  exists,  yet  it  seems  doubtful  whether  if  the 
money  must  be  raised,  any  other  mode  woM  be  pre- 
ferred. In  Goochland  in  a collection  of  several  per- 
sons of  character,  as  I pass’d  down,  I suggested  the 
question  & found  it  created  some  hesitation.  Another 
mode  might  bring  upon  its  authors  the  odium  w’h  now 
belongs  to  the  fathers  of  this  and  if  the  publick  cen- 
sure is  to  be  fix’d  on  any,  who  are  fitter  objects  for  it 
than  those  who  have  made  the  tax  necessary.  If  they 
can  obtain  the  end,  & charge  the  vices  of  the  means  to 
others,  they  might  perhaps  disburden  themselves  of  a 
load  w’h  now  hangs  heavy  on  them.  However  these 
are  subjects  w’h  sho’d  be  leisurely  examined.  I only 
suggest  them  for  y’r  attention.  I have  had  no  leisure 
for  it  myself  & shall  not,  till  my  return.  I write  you 
in  haste  & shall  only  add  our  best  respects  to  y’r  father 
& family  & most  friendly  regards  to  y’rself,  calculat- 
ing on  seeing  you  on  our  return.  Very  sincerely  I am 
y’r  friend  & serv’t 

Ja!  Monroe. 


TO  THOMAS  JEFFERSON. 

W^^Sburq^  July  17^  1792. 

Dear  Sir, — I believed  I mention’d  in  my  last  that 
great  part  of  my  time  wo^^  be  occupied  in  the  comple- 
tion of  our  report  to  the  legislature,  of  the  revision  of 
the  laws.  The  only  act  of  the  committee  at  Rich- 
mond was  to  adjourn  here,  w^  left  me  the  alternative 
of  returning  home  & bringing  M?  M.  down  with  me. 


1792]  JAMES  MONROE. 


or  abandoning  the  trust  altogether.  Mature  consid- 
eration determin’d  me  in  favor  of  the  former  plan 
which  has  been  accordingly  executed,  notwithstanding 
the  distance  & extreme  heat  of  the  season. 

I was  favored  at  Richmond  with  yours  giving  a 
statement  of  the  votes  & eventual  decision  upon  the 
New  York  election.  The  declaration  in  favor  of 
Clinton  on  the  part  of  the  convention  was  perhaps 
right,  tho’  it  requires  more  accurate  information  of 
their  election  & sheriff  laws  to  determine  it  than  I 
possess.  How  far  he  might  with  propriety  have  de- 
clin’d the  appointment,  without  an  imputation  upon 
the  rectitude  of  the  canvassers,  seems  doubtful — or 
what  W0I  have  been  the  intermediate  condition  of  the 
gov‘,  who  have  discharged  the  Executive  functions, 
whether  the  legislature  must  have  been  convened  to 
relieve  them  from  the  dilemma,  are  circumstances 
which  merited  attention  & no  doubt  had  weight  in 
the  decision.  The  terms  however  upon  which  he  has 
accepted  his  re-election,  are  not  flattering  to  him  and 
cast  an  air  upon  the  whole  proceeding,  which  how  fair 
soever  it  may  have  been,  will  give  the  adversary  party 
an  advantage  they  will  not  fail  to  avail  themselves  of. 
Certain  it  is  with  respect  to  this  gent”,  that  altho’  as 
a center  of  union  to  the  republican  party  in  that  State 
it  may  be  necessary  to  support  him,  yet  there  are 
traits  in  his  character  and  particularly  that  of  extreme 
parsimony,  which  are  highly  exceptionable.  No  one 
w^*  point  to  him  as  a model  for  imitation  ; but  com- 
paratively with  others  in  that  quarter,  & especially 
his  late  competitor  & confrere,  I have  no  hesitation 


238  THE  WRITINGS  OF  [1792 


which  to  prefer.  If  an  unequivocal  fact  is  known  & 
principles  understood,  altho’  in  some  respects  vicious, 
yet  in  any  given  situation  you  can  determine  his 
course  and  as  the  effect  of  the  alloy  may  be  ascer- 
tained, it  may  be  guarded  against.  To  some  few 
there  are  as  little  doubts  of  the  political  principles  of 
the  other  genf.  as  of  this,  but  they  are  not  generally 
known,  and  therefore  his  advancement  the  more  ob- 
jectionable. 

Whether  things  have  reached  their  height  in  the 
division  of  parties,  relative  to  gov‘  in  America,  and 
will  have  a regular  course  hereafter  in  favor  of  the 
principles  of  either  seems  doubtful.  That  the  parti- 
zans  for  monarchy  are  numerous  & powerful,  in  point 
of  talents  and  influence  is  in  my  estimation  certain. 
Even  the  list  of  those  who  have  been  & perhaps  still 
are  active  is  formidable.  That  of  those  who  tempor- 
ize between  the  conflicting  interests,  and  whose 
weight  is  of  course,  under  the  pious  cloak  of  federal- 
ism thrown  into  that  scale,  is  I fear  equally  so.  To 
be  passive  in  a controversy  of  this  kind,  unless  the 
person  had  been  bred  a priest  in  the  principles  of  the 
Romish  church,  is  a satisfactory  proof  he  is  on  the 
wrong  side.  Indeed  if  imbecility  & indecision  have 
characterized  them  thro’  life,  in  their  impotence,  they 
might  find  some  excuse.  But  if  they  had  taken  a 
part  on  the  great  field  which  America  has  furnished 
for  16.  or  17.  years  past,  how  can  they  justify  a 
supineness  & inactivity  on  the  present  occasion  ? 
When  principles  of  government,  so  far  as  their  effect 
depends  on  the  great  mass  of  the  society  who  are 


1792]  JAMES  MONROE. 


generally  uninformed,  take  their  tone  from  the  opin- 
ions of  those  whom  they  have  been  long  accustomed 
to  look  up  to  as  their  leaders,  is  it  a sufficient  justifi- 
cation in  withholding  their  sentiments  for  such  to 
say  they  leave  them  to  their  own  operation  ? As  this 
class  however  will  go  with  that  side  which  preponder- 
ates, policy  dictates  to  count  them  on  the  republican 
list.  Something  may  be  gained  by  it  & nothing  can 
be  lost. 

I am  well  satisfied  the  republican  scale  will  pre- 
vail, but  consider  its  preponderance  by  no  means  as 
completely  established  yet.  What  subject  may  be 
furnished  by  the  assailing  party  (for  the  monarchic 
has  been  so  heretofore)  remains  for  the  next  session 
to  shew.  If  it  appears  that  ground  has  been  gained 
in  the  H.  of  R.,  it  must  be  considered  as  a sure  indi- 
cation of  the  publick  sentiment,  for  that  sentiment,  if 
republican,  will  be  resisted  by  a strong  party  in  both 
branches  of  the  legislature  as  long  as  it  can  be  with 
safety  to  themselves.  Altho’  in  this  State  the  decided 
vote  of  the  majority  wo"?  be  in  all  cases  of  the  kind,  as 
it  sho^  be,  yet  tis  most  certain  that  there  is  a strong 
party  in  favor  of  the  opposite  interest.  Many  of  those 
who  censure  the  measures  of  the  present  administra- 
tion, & by  that  means  have  advanced  themselves  in 
the  publick  estimation,  are  in  this  class.  The  pub- 
lick  are  not  sufficiently  informed  upon  these  heads  & 
it  will  yet  take  time  to  make  them  so. 

I have  no  news  to  give  you  from  this  quarter  that 
can  be  interesting.  This  town  seems  to  be  agitated 
by  the  competition  between  two  gen^"'  Ml:  Bracken  (the 


240 

WRITINGS  OF 

[1792 

former  professor)  & Mf  Henderson,  for  the  professor- 
ship of  humanity,  the  visitors  having  reestablished  it. 
The  character  of  the  former  you  know.  The  latter  is 
a well  informed  man  of  good  reputation  & who  now 
officiates.  The  reestablishment  of  that  professorship 
has  brought  back  to  the  college  a great  number  of 
small  boys,  but  in  other  respects  it  has  experienced 
no  remarkable  change.  Its  funds  are  respectable  & 
its  president  a capable  & industrious  man  yet  its  ser- 
vices to  the  community  less  important  than  might  be 
expected.  May  we  not  hope  as  the  country  becomes 
exonerated  from  debt,  publick  & private,  some  con- 
siderable advance  may  be  made  for  the  establishment 
of  such  an  institution  elsewhere  ? With  great  respect, 
& esteem  I am,  dear  Sir,  sincerely  your  friend  & 
servant.  Ja^  Monroe. 


TO  JAMES  MADISON. 

Albemarle,  Sept.  i8,  1792. 

Dear  Sir, — I returned  last  night  having  made  a 
long  and  fatiguing  journey  through  the  rain.  Your 
servant  soon  after  presented  to  me  y’r  favor  with  its 
inclosures.  I sent  off  on  Saturday  the  packet  to 
Dunlap  so  that  on  Thursday  night  it  will  be  rec’d  & 
may  be  published  on  Saturday  next.  I inserted  the 
paragraph  I had  first  written,  & made  the  conclusion 
rather  more  pointed  introducing  the  extracts,  making 
the  writer  & the  person  to  whom  written  perfectly 
passive  in  regard  to  the  publication  stating  indeed 
that  I had  obtained  them  from  the  latter  & wo’d  make 


1792]  JAMES  MONROE. 


them  accessible  to  others  if  necessary.  The  continu- 
ation sho’d  immediately  follow  but  I am  greatly  op- 
pressed with  the  fatigues  of  the  journey  & shall  be 
much  occupied  during  the  court,  so  that  I fear  I 
shall  not  be  able  to  turn  the  incident  to  that  acc’t  in 
every  view  its  importance  wo’d  admit  of.  Whether 
pointed  allusions  to  the  Secy  of  the  trey  wo’d  be 
proper  & dignified  as  relating  to  the  subject,  the 
character  to  be  vindicated,  or  derogatory,  is  a ques- 
tion of  some  delicacy.  Certain  it  is  that  the  field  is 
open  for  a general  discussion  of  the  measures  of  the 
gov’t,  and  will  not  I suspect  be  avoided  on  the  other 
side.  We  sho’d  be  prepared  therefore  to  point  out 
the  errors  & support  the  exceptions.  The  impression 
that  the  establishment  of  banks  by  making  a capital 
of  credit,  that  the  introduction  of  foreign  money  to 
buy  certificates  has  added  to  the  solid  wealth  of  the 
country,  is  strong  with  many  men  ; and  who  in  the 
contemplation  of  a publick  benefit  are  willing  to  par- 
don the  enormities  of  individuals  who,  abusing  pub- 
lick  trusts,  have  given  private  emoluments.  The 
system  sho’d,  therefore,  be  reviewed  fully  if  at  all  & 
I hope  you  will  turn  your  attention  to  it.  I had  some 
private  conversation  with  Innes  who  is  perfectly  right. 
But  from  what  I co’d  learn  some  others  engaged  in 
speculation  are  as  decidedly  wrong.  Things  stand 
now  in  such  a situation  that  the  scale  will  soon  pre- 
ponderate one  way  or  the  other.  At  Richm’d  it  is 
conceived  that  the  fate  of  election  of  V.  P.  will  in  a 
great  measure  affect  the  question  & that  his  oppo- 
nents are  in  some  sort  embarked  before  the  publick 

VOL.  I.  —16 


THE  WRITINGS  OF  [1792 


agnst  him.  This  I suppose  they  have  gathered  from 
the  north.  I write  in  haste.  Very  affectionately  I 
am  y’r  friend  & serv’t, 

jAf  Monroe. 


TO  JAMES  MADISON. 

Oct.  9,  1792. 

Dear  Sir, — The  bearer  delivered  me  the  inclosed 
last  night  addressed  to  you  and  myself  from  M.  Smith 
and  M.  Willet  of  New  York.  I have  prevailed  on  him 
to  convey  it  personally  to  you,  assuring  him  that  no 
partial  or  separate  answer  co’d  be  given.^ 

You  will  find  it  proposes  to  substitute  Mf  Burr  to 
Gov’r  Clinton  as  the  candidate  of  the  republican 
interest,  in  the  contest  for  the  office  of  V.  President. 
Altho’  he  does  not  appear  to  be  in  higher  confidence 
than  that  of  a respectable  express,  yet  from  what  he 
has  said  to  me  I find  he  knows  the  purport  of  his 
message — and  that  he  was  intrusted  with  a similar 


^ In  connection  with  this  subject,  Madison  had  also  received  the  following 
letter:  Philad^  OcV  3 1792.  Sir, — I take  the  liberty  of  addressing  you  by 
the  Bearer  on  a subject  which  concerns  the  republican  interests  of  the  United 
States.  Those  in  that  interest  I believe  pretty  generally  desire  a change  in  the 
vice  presidency  of  the  United  States  at  ensuing  election,  and  at  the  first  Gov- 
ernor Clinton  was  thought  of  to  succeed  him  ; however  the  circumstances  of 
the  State  in  which  he  presides  combined  with  his  own  wishes  induced  us  here  to 
agree  to  the  Honble.  Mr.  Burr  whose  talents,  abilities  and  firmness  of  character 
are  I believe  fully  equal,  with  a prospect  of  some  accessional  Strength  from 
Middle  and  Eastern  States  which  would  not  be  given  to  Clinton.  The  people 
here  however  only  desire  a communication  with  their  southern  brethren  on  the 
subject  and  although  they  would  I believe  generally  prefer  Burr  to  Clinton  will 
unite  in  either  that  will  be  thought  most  likely  to  succeed,  for  although  Clinton 
wishes  to  decline  in  favor  of  Burr  he  does  not  absolutely  refuse  to  serve  if 
elected.  With  high  respect  I have  the  honor  to  be  Sir  your  most  obedt  ser- 
vant, Jn?  Nicholson 


1792]  JAMES  MONROE.  243 


com’n  for  some  gentFn  in  Penn’a  & elsewhere,  particu- 
larly to  the  south.  This  I presume  he  has  collected 
from  the  open  manner  in  which  the  business  has  been 
conducted  in  New  York.  This  letter  will  account  for 
my  not  receiving  an  earlier  answer  to  that  written  from 
Phil’a  to  Mr.  Smith.  In  short  it  appears  clear,  that 
either  from  the  disinclination  of  Clinton  to  embark  in 
the  business,  the  desire  of  his  friends  to  keep  him 
where  he  is,  in  the  preference  given  Burr,  that  ’tis  the 
wish  of  those  in  that  State  desirous  of  a change,  to 
rest  the  prospect  on  the  latter  ; and  it  remains  for  us 
to  determine  what  reply  shall  be  given  them. 

My  opinion  is  briefly  this  ; that  if  Mr.  Burr  was  in 
every  respect  inexceptionable  it  would  be  impossible 
to  have  him  elected.  He  is  too  young,  if  not  in  point 
of  age,  yet  upon  the  public  theatre,  to  admit  the 
possibility  of  an  union  in  his  favor.  If  formed  at  all, 
it  must  be  upon  the  recommendation  & responsibility 
of  particular  characters  in  the  several  States  ; & if  this 
co’d  succeed  it  wo’d  be  an  unpleasant  thing  to  those 
who  would  stand  as  sponsors.  But  for  an  oflice  of 
this  kind  it  could  not,  nor  sho’d  it  succeed.  Some 
person  of  more  advanc’d  life  and  longer  standing  in 
publick  trust  sho’d  be  selected  for  it,  and  particularly 
one  who  in  consequence  of  such  service  had  given 
unequivocal  proofs  of  what  his  principles  really  were. 
A person  who  had  marked  a line  of  conduct  so  de- 
cisively that  you  might  tell  what  he  would  be  hereafter 
by  what  he  had  been  heretofore.  To  place  this  gent’n, 
or  any  other  of  his  standing  in  the  chair  of  the 
present  incumbant,  wo’d  not  be  well  thought  of  in 


244 

THE  WRITINGS  OF 

[1792 

America  ; nor  wo’d  it  produce  the  desired  effect ; for 
some  compunction  always  attends  the  rejection  of  an 
old  servant,  especially  when  accompanied  with  any 
kind  of  reproach.  To  lessen  this  if  the  ground  of  ex- 
ception is  well  founded,  the  person  preferred  sho’d  in 
that  respect,  at  least,  be  universally  known  to  be  sound, 
and  to  balance  in  other  respects  against  him  as  nearly 
as  possible  an  equal  weight  of  character.  Having 
this  impression  I consider  the  effort  in  New  York  in 
his  favor  as  highly  injudicious  & improper,  & which  if 
persisted  in  will  certainly  defeat  the  object.  The 
particular  arrangement  of  things  there  it  might  per- 
haps suit  well  enough  ; but  they  sho’d  not  endeavor  to 
make  the  more  important  interests  of  the  union  sub- 
servient to  their  accommodation — The  path,  however, 
to  be  pursued  is  difficult  to  be  marked.  ’ Tis  manifest 
that  no  steps  have  been  taken  by  them  to  forward  the 
object  to  the  Eastward,  or  even  perhaps  in  New  York, 
and  whether  the  step  now  taken,  if  attainable  before, 
has  not  embarrassed  it  so  as  to  render  it  impracticable, 
is  doubtful.  An  answer,  however,  to  their  letter  will 
be  expected  & this  must  either  be  given  by  this 
messenger,  or  a message  sent  by  him,  perhaps  a written 
one  to  the  gentl’n,  signed  by  both,  that  as  soon  as  we 
meet,  w’h  will  be  soon,  we  will  answer  it  fully.  I 
think  the  sooner  they  are  apprized  of  our  opinion  the 
better  it  will  be,  for  if  evaded  the  effort  will  be  con- 
tinued as  at  present ; and  unless  we  join  in,  it  sho’d  be 
discountenanc’d.  If  such  sho’d  be  the  result  it  will 
place  us  in  a disagreeable  dilemma  with  Mr.  Burr,  but 
this  must  be  removed  by  the  most  soothing  assurances 


1792]  JAMES  MONROE. 


of  esteem  & confidence  on  our  parts,  resting  it  alto- 
gether on  his  youth  &c.  I am,  however,  disposed  to 
concur  with  you  in  whatever  you  think  best,  & will 
subscribe  any  letter  you  may  write,  for  I am  persuaded 
from  past  conversations  we  shall  not  disagree. 

I enclose  you  the  papers  containing  the  extracts 
of  Mr.  Jefferson’s  letters,  with  a continuation  of  the 
attack  upon  him,  in  terms  rather  more  abusive — 
written,  tho’  disguised,  I suspect  all  by  the  same  hand. 
Shall  thank  you  to  return  them  by  him.  The  piece 
you  read  me  will  be  applicable  now.  I heartily  wish 
you  wo’d  come  down  as  soon  as  possible. 

If  the  idea  of  Clinton  sho’d  be  abandoned  what  shall 
be  done  ? This,  however,  we  can  do  nothing  in  at 
present.  Sincerely  I am  y’r  friend  & serv’t 

Ja?  Monroe. 

Friday,  Oct’r  9,  1792. 

Afloat  as  the  business  is  with  the  certainty  of  re- 
proach from  that  party  let  the  event  be  what  it  may, 
I sho’d  not  hesitate  to  aid  Burr  in  opposition  to  Adams. 
If  he  co’d  succeed,  it  might  have  its  good  effects  and 
co’d  not  possibly  do  any  mischief — so  that  in  truth 
’tis  very  difficult  to  act,  informed  as  we  now  are,  with 
propriety.  

TO  THOMAS  JEFFERSON. 

Fredericksburg,  OctoT  16,  1792. 

Dear  Sir, — You  have  before  this  I presume  heard 
of  the  death  of  Col?  Ge?  Mason  w^  was  aD  the  of 
this  month  of  the  gout  in  the  stomach.  His  patriotic 
virtues  thro  the  revolution  will  ever  be  remembered  by 


246  THE  WRITINGS  OF  [1792 


the  citizens  of  this  country,  and  his  death  at  the  pres- 
ent moment  will  be  sensibly  felt  by  the  republican 
interests.  We  intended  to  have  rested  a day  or  two 
with  him  on  our  way,  and  this  event  will  probably 
render  us  a day  sooner  in  Philf 

We  expect  Mr.  Madison  here  to-morrow  & to  set 
out  on  the  20^^  together.  We  may  possibly  stay  a day 
at  Mount  Vernon,  so  that  avoiding  accidents  we  shall 
be  in  PhiP  certainly  by  the  28  or  30P 

R.  H.  Lee  has  notified  to  the  Assembly  his  deter- 
mination to  withdraw  from  his  present  station  ^ & in 
consequence  thereof  they  have  fixed  on  the  1 5P  to 
supply  his  place  ; the  term  of  his  successor  to  com- 
mence immediately  after  the  election.  Dr  Lee,  Harvie, 
& F.  Corbin  were  mentioned  to  me  by  the  last  post, 
as  the  only  competitors.  I think  it  probable  some  other 
person  may  be  brought  forward,  but  this  is  conjecture 
only. 

I hear  from  Mr.  Beckly  there  is  no  prospect  of  com- 
fortable accommodations  upon  reasonable  terms.  I 
had  hoped  that  one  of  Seckells  houses  might  have 
been  finished  but  presume  ’tis  not  the  case.  However, 
we  will  be  there  in  time  to  look  out  before  the  com- 
mencement of  the  session.  We  sho^^  like  (provided  we 
cannot  accommodate  ourselves  agreeably  in  your 
neighborhood)  to  get  the  house  Burr  lived  in  last 
winter.  I think  he  told  me  he  did  not  intend  to  keep 
it.  Perhaps  if  Mr.  Eppes  is  with  you  he  might  col- 
lect the  necessary  information  by  the  time  we  get 
there. 


^ Senator  from  Virginia. 


JAMES  MONROE. 


1793] 


247 


Shall  thank  you  to  send  the  enclosed  to  the  coach 
maker,  Kerr — I am,  etc.. 


Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Philadelphia,  Nov!  21,  1792. 

Dear  Sir, — Yesterday  in  concert  with  Mr.  Izard, 
to  whose  wishes  I am  forced  to  accommodate,  I agreed 
to  the  postponement  of  the  report  upon  weights  & 
measures  untill  the  first  Monday  in  Dec^  that  Mf  Rit- 
tenhouse  might  in  the  meantime  make  the  experiment 
of  the  rod.^  It  was  moved  by  Mr  Ellsworth  & seconded 
by  Mr  Read  to  postpone  it  untill  the  next  session,  but 
withdrawn  upon  this  motion — Mr  Sherman  objected 
to  delay  with  a view  of  going  into  the  temporary  plan 
suggested  in  yf  report.  To  this  idea  many  seem  to 
incline — but  all  are  willing  to  have  the  subject  dis- 
cussed, & I particularly  wish  that  Mf  R.  wo?  turn  his 
attention  to  the  above  object  & furnish  a satisfactory 
result  in  time.  Very  affec?'  etc. 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Phila,  Jan’y  3,  1793- 

Dear  Sir, — My  St.  Croix  friends  have  mentioned 
that  it  might  reach  you,  that  a Mr.  Durant  wo’d  be 
more  acceptable  there  as  Mr.  Yard’s  successor  than 
any  other  person^ — The  inclosed  letter  respects  the 


^ David  Rittenhouse  was  at  this  period  Director  of  the  Mint,  having  been 
nominated  by  Washington  April  13th. 

^ Henry  Cooper,  of  Pennsylvania,  succeeded  James  Yard. 


248  THE  WRITINGS  OF  [1793 


pretensions  of  another  gent’n  for  another  place  & 
which  I have  thought  expedient  to  submit  to  y’r  in- 
spection— Sincerely  I am  y’r  affectionate  friend  & 
serv’t.  Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Phil^',  Jany.  14,  1793. 

Dear  Sir, — I have  just  heard  it  stated  here  that 
the  suspension  of  the  payments  to  France  was  in  the 
first  instance  by  Mr  Short  before  the  commencement 
of  Mr  Morris’s  service  & without  orders  from  this 
place  & that  the  latter  only  conformed  to  a rule  shewn 
him,  implicating  strongly  that  there  never  had  been 
any  direction  from  this  quarter  on  the  subject.  This 
statement  was  given  by  Cabot  upon  an  interrogation 
of  Mr  Adams — If  you  can  give  me  the  facts  (without 
yr  appearing  in  it)  they  may  be  communicated  here. 

Yrt  affecy. 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Philadelphia,  Jan’y  30,  1793. 

Dear  Sir, — Mr.  Gunn  has  mentioned  to  Major 
Butler^  the  report  that  his  conduct  at  New  York  upon 
some  publick  questions  was  influenc’d  by  some  expec- 
tations of  a foreign  mission.  He  has  called  on  Ham- 
ilton whom  he  did  not  see  but  means  to  chastise  those 
concerned  in  the  charge.  Hamilton  informed  him,  at 
the  time  it  took  place,  that  the  appointment  of  Short 


* Col.  James  Gunn,  of  Georgia,  and  Major  Pierce  Butler,  of  South  Carolina. 


1793]  JAMES  MONROE. 


was  at  y’r  instance  contrary  to  his  wishes,  and  that  he 
wanted  the  President  to  appoint  him  (viz  Major  But- 
ler). As  he  means  to  call  on  you  immediately  as  a 
friend  to  confer  on  this  subject  I have  thought  proper 
to  apprize  you  of  the  above.  Y’rs  affec’y 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Baltimore,  March  22,  ’93. 

Dear  Sir, — This  will  be  presented  you  by  Judge 
Symes  of  the  western  territory,  with  whom  I served 
in  the  former  Congress  & whom  I deem  a sensible  & 
honest  man.  He  was  of  service  in  repelling  the  at- 
tack upon  the  Mississippi  in  1785  by  Gardoqui  & com- 
p7^  as  he  is  well  acquainted  with  the  aff^f  of  that 
country  I have  thought  it  might  be  useful  for  you  to 
know  him. 

We  arrived  here  last  night,  the  roads  having  almost 
exhausted  ourselves  & horses.  We  stay  to-day  & 
move  on  to-morrow  early. 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Fredericksburg,  March  27,  93. 

Dear  Sir, — We  arrived  here  on  the  25.  & set  out 
tomorrow  for  Albemarle.  We  have  had  a more  com- 
fortable trip  than  could  well  have  been  expected. 

* John  Cleves  Symes  was  a delegate  from  New  Jersey,  1785-S6,  and  opposed 
the  proposition  made  in  Congress  to  yield  our  right  to  the  navigation  of  the 
Mississippi,  for  a term  of  years.  He  was  appointed  Judge  of  the  Western  Terri- 
tory, Feb.  19,  1788. 


250 

THE  WRITINGS  OF 

[1793 

Mf  Madison  informed  you  from  Alex?  of  the  fate  of 
several  elections  since  w^  we  have  heard  that  Mf  New 
of  Caroline  was  preferred  to  Corbin  of  Midesex.  Heth 
for  the  Northumberland  district — Walker  for  Albe- 
marle (the  latter  only  a rep^)  If  we  sho^^  hear  of  any 
others  you  will  be  informed  by  Mf  Madison  before  we 
set  out. — Mr  M.  without  opp?  for  Orange. 

In  every  respect,  so  far  as  we  have  heard,  we  find 
the  publick  mind  perfectly  sound  in  regard  to  those 
objects  of  national  policy,  at  present  most  interesting. 
Every  member  is  either  as  he  sho^^  be,  or  has  gained 
his  place  by  fraud  & imposition. 

We  find  likewise  the  sentiment  universal  in  favor  of 
yf  continuance  thro’  the  present  crisis  and  of  course 
that  a contrary  conduct  wo^^  have  proved  a publick  as 
well  as  a very  serious  private  detriment  to  yfself.  Be 
so  kind  as  send  the  enclosed  to  Mf  Beckley  & believe 
me,  affectionately  yf  friend  & servant. 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Fredericksburgh,  May  8‘>,  1793. 

Dear  Sir, — I came  here  a few  days  past  to  attend 
the  district  court  and  shall  leave  this  place  on  the  IO^^ 
for  the  ch^  in  Richmond  w^  commences  on  the  12.  In 
Charlottesville  in  the  case  of  Barrett  the  verdict  & 
judgm?  were  against  you,  deducting  the  interest  as  you 
had  proposed  during  the  war.  He  had  no  proof  except 
that  of  Col?  Lewis  to  establish  his  claim  (at  the  trial). 
Upon  conferring  with  this  latter  gent?  I found  he  had 


JAMES  MONROE. 


1793] 


251 


an  imperfect  recollection  of  what  had  passed  between 
him  & Barrett,  whether  he  had  refused  to  pay  him  the 
whole  interest,  as  well  during  as  since  the  war,  and  up- 
on shewing  him  the  paper  containing  yf  instruction,  & 
upon  w^  his  proposition  must  have  been  founded,  he 
expressed  a wish  it  might  be  shewn  the  court  & jury 
in  the  trial,  as  he  could  not  say  he  had  made  any  other 
proposal,  & the  presumption  would  then  be  satisfactory 
that  he  had  not.  To  this  I agreed.  Upon  the  trial  I 
took  the  opinion  of  the  court  whether,  without  my  con- 
sent they  could  avail  themselves  of  Cob  Lewis’s  evi- 
dence, he  being  y5  trustee — which  was  that  they  could 
not.  I then  admitted  it  with  an  assurance  to  the  c^ 
& jury,  that  if  the  claim  could  in  any  mode  be  estab- 
lished it  would  be  allowed.  ColP  Lewis  referred  to  the 
paper  in  my  possession  & w^  I then  produc’d,  making 
it  a point  whether  that  paper  amounted  to  an  assump- 
sit, being  only  a conditional  proposition,  with  an  abso- 
lute deck  you  did  not  believe  the  debt  was  due. 
Tucker  was  of  opinion  it  was  no  assumpsit.  Roane 
doubted,  but  both  were  of  opinion  it  might  go  to  the 
jury — and  their  verdict  was  founded  upon  yf  apparent 
willingness  to  pay  it  under  certain  modifications,  w^ 
were  regarded  in  it.  I moved  the  court  for  a new 
trial,  as  against  evidence,  & it  lay  over  till  the  next 
day.  Then  Roane  had  left  the  bench  for  the  residue 
of  the  term.  Finding  that  if  the  verdict  had  been  in 
yf  favor,  you  were  resolved  to  pay  the  money,  in  case 
Barrett  wo?  prove  his  acc^,  by  affidavit  only,  & he  up- 
on conference  assuring  me  that  he  wo?  not  only  do  it 
in  that  mode,  but  by  some  orders,  he  was  well  assured 


252 

THE  WRITINGS  OF 

[1793 

you  had  forgotten,  I saw  no  benefit  resulting  from  a 
success  in  the  motion  for  a new  trial  especially  as  in 
any  event  you  wo?  be  forced  to  pay  yf  costs  of  y.®  pro- 
ceedings. I then  proposed  to  Barrett  that  if  he  would 
permit  me  to  state  to  the  court  that  if  he  had  known 
the  real  contents  of  yf  instruction  to  Col?  Lewis  (for 
he  declares  that  Col?  Lewis  had  refused  to  pay  any 
interest)  he  never  wo?  have  brought  suit  against  you, 
but  waited  y?  accommodation,  I wo?  withdraw  yfmotion, 
& to  w?  he  agreed  ; observing  further  that  he  knew 
nothing  of  the  transaction  ab^  Shey’s  bond  untill  after 
the  suit  was  over.  That  it  was  bought  up  by  a brother 
of  his, — suit  bro^,  & every  operation  conducted  by  his 
brother  & absolutely  without  his  knowledge.  I ac- 
cordingly stated  the  aff?  as  above  agreed  & withdrew 
the  motion.  Barrett  said  he  wo?  wait  till  the  fall  for 
the  money  but  expected  interest  of  w?  I informed  him 
I wo?  advise  you.  Of  your  other  business  I will  write 
you  from  Richmond. 

In  my  route  I scarcely  find  a man  unfriendly  to  the 
French  revolution  as  now  modified.  Many  regret  the 
unhappy  fate  of  the  Marq  : of  Fayette,  and  likewise 
the  execution  of  the  King.  But  they  seem  to  con- 
sider these  events  as  incidents  to  a much  greater  one, 
& which  they  wish  to  see  accomplished.  The  sphere 
of  the  opposite  policy  may  be  considered  (exclusive  of 
the  tory  interest  of  the  late  war)  as  confined  to  Alex? 
a city  which  certainly  comprehends  no  enlightened 
man,  and  Richmond.  At  the  bar  here  two  gent"  only 
are  in  this  sentiment,  Ch?  Lee  & Bushrod  Washing- 
ton. The  former  of  Alex?  & the  latter  Richm?  and 


1793]  JAMES  MONROE. 


’tis  manifest  that  their  opposition  to  the  general  senti- 
ment of  their  country,  is  not  confined  to  the  principles 
of  the  French  revolution  only,  but  extends  to  the 
general  policy  of  the  representation  in  Congress,  & 
particularly  the  late  proceedings  & enquiries  respecting 
the  use  & application  of  the  publick  monies.  It  was 
declared,  by  the  former,  and  in  a manner  that  shewed 
it  was  no  recent  conception,  that  Mf  Madison  in  stat- 
ing the  disobedience  of  the  Secry.  of  that  department 
to  the  orders  of  the  President,  had  placed  the  merits 
of  the  controversy  on  an  improper  footing.  Col. 
Mercer,  who  conducted  the  argument  against  him, 
affirmed  the  contrary,  with  other  decP.^  expressive  of 
the  strongest  disapprobation  of  his  conduct  & distrust 
of  his  rectitude. 

I left  M"!^  M.  in  Alb  : not  well  recovered  from  the 
fatigue  of  the  journey  but  in  other  respects  tolerably 
well.  Mf  Randolph  & family  were  & had  been  absent 
since  our  return.  Gilmer  & others  well.  You  have 
probably  heard  of  a charge  of  a very  heinous  kind 
agnst  R Rand:  & that  before  the  examining  Court 
he  was  acquitted,  12  to  2 of  the  Majistrates  in  his  favor, 
& upon  the  question  for  his  enlargement.  The  acc^^ 
here  are  universally  in  his  favor,  & seem  to  have  re- 
moved impressions  that  were  before  deeply  fixed — 
Very  affe?'  I am  yr  friend  & servant 

Ja?  Monroe. 

P.  S. — I have  not  rec^^  a line  from  any  person  there 
since  I left  Philf 


254 

THE  WRITINGS  OF 

[1793 

TO  JAMES  MADISON. 

Albemarle,  May  i8,  1793. 

Dear  Sir, — I have  just  returned  home  from  an 
attendance  on  the  courts  at  Fred’b’g  & Richmond  & 
promise  myself  repose  at  least  for  a short  time — I 
called  on  Colo.  Taylor^ — from  whom  I enclose  you  a 
letter.  I find  he  had  been  very  busily  employed  upon 
some  subjects  of  an  interesting  nature  since  he  reached 
home — He  has  written  near  6o  (56  I believe)  folio 
pages  upon  the  subject  of  the  bank  and  the  funds,  in 
which  I found  many  useful  & judicious  observations 
addressed  in  his  humorous  style  concluding  in  the 
sentiment  that  the  banks  sho’d  be  demolished  & pro- 
prietors of  the  latter  excluded  from  the  publick 
councils.  His  idea  is  that  it  be  published  in  a 
pamphlet  & ab’t  the  commencement  of  the  next  session 
— I think  it  may  be  much  curtailed  & in  some  instances 
strengthened — he  proposes  to  forward  it  to  you  as 
soon  as  transcribed — for  that  purpose — It  has  been 
revised  by  Mr.  Pendleton  & approved — He  says  that 
altho’  the  old  gent’n  was  right  in  the  outline  of  his 
politicks  yet  he  had  no  idea  of  the  extent  to  which 
things  had  been  hurried  or  of  the  turpitude  which  had 
obtained  in  the  publick  councils. 

I saw  Giles'^  and  Parker^  in  Richmond — they  were 


^ John  Taylor,  “ of  Caroline.”  He  succeeded  Richard  Henry  Lee  as  U.  S. 
Senator,  taking  his  seat  Dec.  12,  1792.  He  served  until  1794,  when  he 
resigned. 

^William  B.  Giles,  member  of  Congress  from  Virginia  from  1790  to  1798, 
and  again  from  i8oi  to  1802  ; U.  S.  Senator,  1804  to  1815  ; and  Governor  of 
Virginia,  1826  to  1829. 

® Josiah  Parker,  member  of  Congress  from  1789  to  1801. 


JAMES  MONROE. 


1793] 


255 


in  spirits  & inculcating  doctrines  to  vv’h  that  loyal  city 
seemed  a stranger — Mr.  Dawson  I think  their  only 
associate  in  sentiment. 

I have  heard  nothing  from  PhiFa  except  a line  from 
Mr.  Beckley  nor  have  I seen  the  piece  left  behind — I 
co’d  wish  Taylor  had,  or  might  yet  be  possessed  of  a 
copy,  before  his  escapes  him,  as  it  is  precisely  on  the 
same  subject  & terminating  in  the  same  result — only 
his  more  copious  & comprehensive — Mr.  Beckley  says 
he  has  sent  a packet  for  you  covering  some  of  the 
copies  for  us  both. 

I found  Mrs.  M.  & child  well — we  are  preparing  our 
lower  offices,  plaistering  &c,  for  our  accommodation, 
that  the  upper  may  be  appropriated  to  our  friends. 
In  a few  days  we  hope  to  have  this  accomplished — 
we  hope  soon  for  the  pleasure  of  y’r  company — we 
shall  be  quite  in  retirement,  unvisited  I believe  by  any 
one  unless  Mr.  Jones  sho’d  call  on  his  return,  so  that 
we  hope  you  will  come  up  shortly. 

Peter  will  bring  the  articles  at  y’r  house  ; and  like- 
wise some  of  Wilson’s,  if  arrived — our  best  respects  to 
the  family — sincerely  I am  y’r  friend  & serv’t 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Albemarle,  May  23,  1793. 

Dear  Sir, — I have  just  replaced  myself  at  home 
where  I hope  to  enjoy  for  a while  repose.  I did  not 
see  M^  Pope  at  Richmond  and  of  course  could  not 
execute  the  other  objects  of  y”^  commission.  I shall 
however  soon  be  able  to  communicate  with  him  thro 


256  THE  WRITINGS  OF  [1793 


some  one  of  the  gen^"  who  practice  in  the  Louisa 
ctY  court  & will  then  apprize  you  of  the  result. 

At  Richmond  I was  requested  by  Mr.  Robert 
Gamble  to  mention  to  you  his  desire  to  be  employed 
as  an  agent  for  the  French  in  the  purchase  of  flour 
Si?  I am  well  satisfied  from  his  connection  with  the 
country  from  Richmond  to  Staunton,  his  great  indus- 
try, and  other  suitable  qualifications,  that  a more 
judicious  appointment  could  not  be  made.  Indeed 
considering  his  political  principles  I sho^^  deem  it  a 
desirable  object  with  Mf  Genet  to  enlist  him  in  the 
business. 

Your  letter  to  the  care  of  Mr.  Madison  has  this 
moment  been  put  into  my  hands.  It  shall  be  noticed 
by  the  next  post.  I saw  Mf  & M?  Randolph  yester- 
day in  good  health.  Very  sincerely  I am  your  friend 
& servant 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Alb,  : May  28,  1793. 

Dear  Sir, — My  last  informed  you  that  I had  just 
rec^^  yours  of  the  fifth,  as  I returned  from  a circuit  of 
professional  duties.  It  communicated  to  you  likewise 
what  I had  to  communicate  respecting  y^  own  com- 
missions in  that  line. 

The  European  war  becomes  daily  as  it  progresses 
more  interesting  to  us.  I was  happy  to  find  Mf  Genet 
whom  I passed  on  the  road  between  Fredbg.  & 
Richm^^  had  made  a most  favorable  impression  on  the 
inhabitants  of  the  latter  city.  It  furnishes  a favorable 


1793]  JAMES  MONROE.  257 


presage  of  his  impression  on  a more  important  tho’  if 
possible  not  a more  prejudic’d  theatre. 

There  can  be  no  doubt  that  the  general  sentiment 
of  America  is  favorable  to  the  French  revolution. 
The  minority  compared  with  the  strength  of  those  in 
that  interest,  if  the  division  could  be  properly  drawn, 
wo?  in  my  opinion,  be  as  the  aggregate  of  Richmond 
& Alexf  to  Virginia — but  general  as  this  sentiment  is 
I believe  it  is  equally  so  in  favor  of  our  neutrality. 
And  this  seems  to  be  dictated  by  the  soundest  policy 
even  as  it  may  respect  the  object  in  view,  the  success 
of  the  French  revolution.  For  if  we  were  to  join 
France  we  should  from  that  moment  put  it  out  of  her 
power  to  derive  any  advantage  from  these  States. 
We  could  neither  aid  her  with  men  nor  money.  Of 
the  former  we  have  none  ; and  of  the  latter  our  weak 
and  improvident  war  with  the  Indians  together  with 
the  debts  we  have  assumed  will  completely  exhaust 
us.  Our  declaration  would  not  be  felt  on  the  conti- 
nent. It  would  produce  no  effect  on  the  general 
combination  of  European  powers — wo?  not  retard 
the  movements  of  Brunswick’s,  or  any  other  invading 
army.  It  wo?  in  fact  be  simply  a declaration  agnst 
G.  Britain,  which  would  prove  beneficial  to  her,  & 
highly  injurious  to  France,  and  ourselves.  From  the 
view  I have  of  th^  subject  it  would  relieve  her  from 
restraints  growing  out  of  the  present  state  of  things, 
which  would  be  both  gratifying  and  advantageous  to 
her.  For  whilst  the  rights  of  neutrality  belong  to  us 
some  respect  will  be  shewn  to  those  rights,  nor  is  it 
probable  that  an  invasion  of  them  by  her  will  be  coun- 

VOL.  I.— 17 


258  THE  WRITINGS  OF  [1793 


tenancd  by  her  other  associates  in  the  war.  Under 
the  protection  of  these  rights  the  ports  and  the  bot- 
toms of  America  will  be  free  to  France;  in  addition 
to  which  every  act  of  gratuity  & favor  which  a gener- 
ous and  grateful  people  can  bestow,  without  an  in- 
fringement of  them  on  the  other  side,  will  be  shewn. 
France  may  greatly  profit  from  this  situation,  for 
under  a wise  management  immense  resources  may  be 
gathered  hence  to  aid  her  operations  & support  her 
cause.  And  America  must  flourish  under  it,  if  indeed 
it  were  generous  to  count  her  profits  arising  from  the 
general  misfortunes  of  mankind.  Let  it  be  notic’d  as 
a posterior  consideration,  after  estimating  the  effect 
our  declaration  of  neutrality  might  produce  upon  the 
affairs  of  France.  On  the  other  hand  I am  persuaded 
our  declaration  in  favor  of  France,  would  not  only  in 
a correspondent  degree,  injure  that  nation,  & our- 
selves, but  benefit  the  party  we  meant  to  injure. 
Freed  from  any  embarrassing  questions  respecting 
the  rights  of  neutrality,  our  commerce  would  be  her 
lawful  plunder,  and  commanding  as  I presume  she 
will  the  seas,  but  little  would  escape  her.  Neither 
the  vessels  of  France  nor  even  our  own,  would  be 
safe  in  our  ports,  unless  we  raised  fortifications  in 
each  for  their  protection.  I shall  not  therefore  be 
surprised  to  find  G.  B.  endeavoring  to  draw  us  into 
the  war,  even  against  her,  by  every  species  of  insult 
and  outrage  which  a proud,  selfish,  and  vindictive  na- 
tion, can  impose,  or  that  this  disposition  should  shew 
itself  in  the  impressment  of  our  ships,  sailors,  and 
other  violations  of  our  neutrality.  Whether  an  appeal 


1793]  JAMES  MONROE.  259 


from  such  conduct  should  be  made  to  the  general 
sense  even  of  the  combined  powers,  with  whom  I see 
no  reason  why  we  sho?  not  stand  on  good  terms,  with 
a view  of  degrading  her  among  all  civilized  nations, 
as  the  Algiers  of  Europe,  or  to  any  other  means  for 
the  purpose  of  teaching  her  better  principles  and 
manners,  I will  not  pretend  to  determine.  Certain 
however  I am,  at  least  this  is  my  present  impression, 
that  it  is  our  duty  to  avoid  by  every  possible  dexterity 
a war  which  must  inevitably  injure  ourselves  & our 
friends  and  benefit  our  enemies. 

One  circumstance  seems  to  press  us  at  present,  and 
which  I fear  will  lessen,  before  any  possible  remedy 
can  be  applied,  the  benefits  of  our  neutrality  and  to 
those  for  whom  they  are  wished,  I mean  the  scarcity 
of  American  bottoms.  I am  told  such  cannot  be  pro- 
cured, and  in  consequence  that  our  productions  can- 
not be  exported.  The  injury  that  must  arise  from 
such  a course  will  be  universally  felt.  Can  this  be 
otherwise  remedied  than  by  allowing  the  American 
merchants  to  buy  in  the  bottoms  of  other  nations,  for 
a limited  time  12.  months  for  instance?  I can  per- 
ceive no  other  cause  at  present  which  can  make  the 
meeting  of  Congress  necessary  before,  or  much  be- 
fore the  time  appointed ; and  the  fact  I hope  does 
not  exist,  or  so  partially  as  will  admit  of  a remedy 
under  the  regular  operation  of  the  existing  law  by  the 
great  encouragement  offered  to  American  ships.  If 
such  an  event  sho^^  take  place  (a  more  early  meeting 
of  Congress)  w^  is  much  spoken  of  here  by  letters 
from  Phik,  shall  thank  you  to  mention  the  time  you 


260 

THE  WRITINGS  OF 

[1793 

think  it  will  sit,  as  it  will  regulate  me  in  my  family  & 
law  concerns,  & particularly  whether  I shall  bring 
Mrs.  M.  with  me  or  leave  her  behind.  If  such  a call 
sho?  be  made,  however  injurious  it  may  be  to  me,  I 
shall  obey  it  for  whilst  I hold  the  present  station,  I 
shall  always  endeavor  to  perform  its  duties.  I have 
troubled  you  with  a long  letter  upon  subjects  very 
familiar  to  you,  and  upon  which  you  have  no  doubt 
long  since  made  up  yl"  mind.  Mr  R.  and  family  were 
well  two  days  past — and  the  neighbourhood  generally 
except  Mrf  M.  who  has  been  indisposed  for  a few 
days  past. 

With  great  respect,  & esteem  I am  yf  affectionate 
friend  & servant 

Ja?  Monroe. 

Is  it  not  surprising  that  since  my  arrival  in  Virgf  I 
have  not  rec^^  one  of  Freneau’s  papers,  tho’  Fenno’s 
have  come  regularly.  Perhaps  they  have  not  been 
sent.  Will  you  be  pleased  to  enquire  & direct  them 
to  be  sent  in  case  they  are  not.  We  shof  know  that 
Davis  is,  if  not  in  the  opposite  interest,  yet  so  misera- 
ble a tool  of  it  as  not  to  be  counted  on  in  any  respect. 
I inclosed  for  Beckley  from  Fredbg.  for  that  paper  a 
political  jeu  d’esprit  of  a friend  who  wishes  well  to 
the  republican  cause.  If  Beckley  sho^  be  absent,  as 
the  cover  to  him  was  intended  merely  as  one  from 
you,  to  prevent  yf  being  troubled  with  it,  could  not 
this  be  mentioned  to  the  editor  to  authorize  his  strip- 
ping it  off  ? 


1793]  JAMES  MONROE.  261 


TO  THOMAS  JEFFERSON. 

Albemarle,  June  27,  1793. 

Dear  Sir, — I have  been  favored  with  yours  of  the 
4^^  & shall  observe  the  instruction  respecting  the 
fund  in  the  hands  of  Mf  Pope  by  directing  its  immedi- 
ate application  to  Mf  Barrett. 

In  my  last  I made  some  observations  evincing  the 
propriety  and  policy  of  our  neutrality  in  the  present 
European  war,  but  as  that  sentiment  appears  to  be 
general,  I refer  to  it  now  only  as  a proof  that  it  is  like- 
wise mine.  It  leaves  me  more  at  liberty  to  comment 
on  the  conduct  of  the  Executive  since,  which  I do  the 
more  freely  as  I do  not  know  what  part  you  have 
borne  in  it.  The  measure  I particularly  refer  to  is  the 
proclamation  declaring  this  neutrality,  with  the  reply 
to  the  address  of  some  merchants  of  PhiP  and  the 
order  for  the  prosecution  of  two  marines  who  had  em- 
barked in  a privateer  licensed  by  the  French  Minister. 
I must  confess  I had  considered  the  proclamatP  at  first 
as  only  an  admonition  to  the  people  to  mind  their  own 
business,  and  not  interfere  in  the  controversy ; and  in 
this  view  altho’  I could  not  perceive  the  necessity  of 
the  measure,  yet  I was  inclined  to  deem  it  harmless. 
As  the  executive  magistrate,  the  competent  authority 
having  not  otherwise  declared,  the  President  might  if 
he  was  distrustful  of  his  constituents,  endeaver  to  re- 
strain them  within  the  limits  such  authority  had  pre- 
scribed, or  rather  allowed  ; if  indeed  there  exists  in 
the  government,  a right  to  inhibit  the  citizens  of  the 
States  from  taking  conms  from  either  of  the  powers  at 
war  & fighting  in  their  service.  I did  not  suppose  it 


262 

THE  WRITINGS  OF 

[1793 

was  intended  as  a matter  of  right  to  declare  what  sho^^ 
be  the  conduct  of  these  States  in  relation  to  that  con- 
troversy, but  the  reply  to  the  merchants  and  the  pros- 
ecution above  mentioned,  seem  to  denote  the 
contrary,  and  to  shew  that  the  President  meant  it  as 
such.  Upon  this  construction  I deem  it  both  uncon- 
stitutional & impolitick. 

I cannot  conceive  upon  what  principle  the  right  is 
claimed.  I think  the  position  incontrovertible  that  if 
he  possesses  the  right  to  say  we  shall  be  neutral,  he 
might  say  we  sho^^  not  be.  The  power  in  both  in- 
stances must  be  in  the  same  hands,  for  if  the  Execu- 
tive could  say  we  sho."^  be  neutral,  how  could  the 
legislature,  that  we  sho^^  war.  In  truth  a right  to  de- 
clare our  neutrality,  as  a distinct  authority,  cannot 
exist,  for  that  is  only  the  natural  state  of  things,  when 
the  positive  power  of  declaring  war  is  not  exerted ; 
and  this  belongs  to  the  legislature  only ; any  inter- 
ference therefore  with  it,  by  the  Executive,  must  be 
unconstitutional  & improper. 

As  little  can  in  my  opinion  be  said  in  favor  of  its 
policy.  Tis  possible  G.  B.  might  wish  to  keep  us 
neutral : if  such  were  her  disposition  it  became  her  in- 
terest to  cultivate  our  friendship,  by  surrendering  the 
posts  &c.,  whilst  our  conduct  was  in  suspense  that 
anxiety  would  be  increased  ; but  by  this  precipitate 
declaration  the  point  has  been  given  up,  and  for  what 
object  ? What  do  we  gain  by  it  ? We  committed  no 
offence,  untill  we  sho?  violate  the  laws  of  neutrality, 
and  no  power  could  compel  us  to  say  what  part  we 
would  take  in  the  controversy,  by  holding  aloof  on 


1793]  JAMES  MONROE.  263 


that  head  nor  could  be  dissatisfied  except  France  in 
case  she  sho^^  claim  the  guarantee — Declarations  of 
neutrality  I believe  generally  succeed  applications  for 
them,  or  the  contrary  course.  Had  France  applied 
for  our  aid,  or  had  Britain  that  we  wo^^  not  aid  her, 
then  in  either  case,  such  notification  woJ^  have  been 
regular.  But  a declaration  like  ours  is  I suspect 
without  precedent.  It  loses  the  merit  of  having  not 
refused  France,  or  of  accommodating  Britain.  It  gives 
us  no  claim  upon  either  court.  France  indeed  it  out- 
rages, for  it  denies  her  claim  of  guarantee,  or  yielding 
it  up,  the  merit  of  the  concession.  And  Britain  it 
assures  of  an  accommodation  where  she  may  wish  it, 
without  even  the  trouble  of  asking  for  it. 

Again,  why  prosecute  our  citizens,  for  taking  cornnf 
in  the  French  Service,  against  what  law  have  they 
offended,  or  upon  what  principle  are  they  charged  ? 
The  mere  acceptance  of  the  comn  cannot  be  deemed 
criminal,  and  the  act  of  hostility  upon  the  British 
vessel  was  without  the  jurisdiction  of  these  States,  as 
I presume  upon  the  high  seas — and  the  doctrine  is 
well  established  that  no  offence  can  be  committed 
against  the  laws  of  any  society  beyond  the  limits  with- 
in which  they  operate  ; for  instance  that  an  offence, 
such  as  murder  or  the  like,  committed  in  France  can- 
not be  punished  here ; and  if  upon  the  sea,  the 
principle  is  the  same  unless  the  party  be  a pirate,  and 
in  that  case  amenable  to  the  admiralty  tribunals  of 
every  country.  The  subsequent  act  of  bringing  the 
vessel  into  port  here,  does  not  I suppose  constitute 
the  ground  for  prosecution,  more  than  if  these  men 


264 

THE  WRITINGS  OF 

[1793 

had  carried,  or  aided  in  carrying  her,  to  the  Island  of 

Croix  or  elsewhere  & returned  her,  for  if  it  does 
the  purchasers  or  Mariners  afterwards  hired,  to  take 
care  of  her,  are  equally  criminal.  This  I take  to  be 
the  doctrine  of  the  common  law — Tis  certainly  the 
base  upon  which  separate  and  independant  Societies 
are  erected.  Nor  has  it  been  enlarged  by  any  act  of 
the  legislature  that  I know  of ; tho’  indeed  I have  not 
the  acts  with  me.  So  far  upon  the  idea  that  the  French 
Comn  gives  no  separate  rights  or  immunities,  to  one 
of  our  citizens,  otherwise  than  if  he  had  none.  But 
does  it  give  none,  & of  which  he  may  avail  himself 
against  the  opposite  power,  and  even  against  his  own 
country?  If  taken  can  he  be  treated  as  a pirate? 
The  laws  & usages  of  Nations  are  otherwise.  Can  we 
be  made  answerable  for  his  conduct?  If  we  had  hired 
him  to  France  or  Britain  as  the  Swiss  in  particular 
do,  we  co^  not  be.  As  a volunteer  then  we  certainly 
are  not. 

I do  not  absolutely  deny  the  right  of  a Society  to 
restrain  its  members  from  yf  Commission  of  certain 
enormities,  beyond  y?  limits  of  its  own  jurisdiction, 
under  such  penalties  as  it  may  impose  tho’  according 
to  my  present  view  of  the  subject,  but  few  if  any 
benefits  can  be  derived  from  it,  and  some  objections 
occur.  The  local  tribunal  will  always  be  sufficient  for 
his  punishment  if  apprehended  & if  he  escapes,  yet 
the  power  disposed  may  surrender  him  to  justice. 
This  I sho?  think  enoug^  either  for  the  suppression  of 
vice,  or  national  security.  But  to  give  our  laws  cog- 
nizance of  offences  committed  in  other  countries  must 


1793]  JAMES  MONROE.  265 


be  deemed  not  only  sanguinary  as  it  respects  our  citi- 
zens, but  a derogation  of  the  Sovereignties,  in  which 
they  maybe.  The  offence  for  instance,  by  a fiction  of 
the  law  must  be  considered  as  committed  here.  May 
we  demand  them  & rescue  him  from  their  Courts  to  be 
punished  here,  or  shall  he  be  twice  punished  for  the 
same  offence  ? Nor  am  I an  advocate  for  privateering  ; 
on  the  contrary  could  wish  the  practice  suppressed — 
but  presume  such  reformation  sho^^  be  brought  about  by 
conventions  throughout  the  world,  and  not  the  desul- 
tory operations  of  any  one  nation.  But  by  taking  the 
laws  as  they  are,  I cannot  perceive  wherein  they  have 
offended,  or  upon  what  principle  the  prosecution  can 
be  supported  — In  this  position  I think  myself  founded 
in  relation  to  foreign  authorities,  for  there  where  the 
doctrine  of  allegiance  binds  the  subject  in  perpetual 
obedience  to  his  Sovereign,  it  has  never  been  other- 
wise construed,  or  applied,  than  to  prohibit  the  right 
of  expatriation  and  of  course,  the  taking  up  arms 
aghst  his  native  country.  To  fight  in  the  service  of 
one  Prince  agnst  another  was  never  denied  I believe 
to  any  one.  I suspect  it  was  never  asked  unless  the 
party  were  already  in  the  service  of  his  own — But 
with  u^’  will  not  the  rights  of  citizenship  be  construed 
more  freely  ? will  that  of  expatriation  be  denied?  and 
may  not  the  mere  act  of  accepting  a coinn  in  a foreign 
service  be  deemed  such  if  the  party  pleases?  In  this 
state  there  is  a law  to  authorize  it,  but  that  law  is 
drawn  in  such  cautious  terms,  as  to  leave  the  point  as 
it  stood  before,  upon  foreign  authorities,  improved  by 
the  principles  of  our  revolution,  and  was  intended  not 


266 

THE  WRITINGS  OF 

[1793 

to  abrogate  any  rights  but  to  make  sure,  what  had 
been  doubted. 

But  admitting  it  to  be  an  offence  and  punishable  by 
our  laws,  why  prosecute  these  people  untill  formally 
demanded  by  that  court,  in  case  she  had  a right  to 
demand  it  ? Is  it  that  we  affect  an  extraordinary  de- 
gree of  refinement  & political  purity  ? The  parties  at 
war  will  not  I apprehend  ascribe  it  to  that  motive. 
Nations  more  generally  shelter  their  citizens  from 
punishment  when  due  and  demanded  than  otherwise. 
But  to  commence  it  ourselves  unauthorized,  as  I be- 
lieve, and  pursue  it  with  such  vigor  will  be  ascribed  to 
some  other.  If  we  so  seriously  abhorred  vice,  and 
were  disposed  to  banish  it  from  our  country,  has  no 
other  instance  of  enormity  presented  itself  worthy 
reprehension  ? 

I have  but  little  hope  of  a fortunate  issue  from  the 
negotiation  in  Spain,  for  I observe  that  it  is  conducted 
on  the  part  of  that  court  by  Gardoqui  a subtile  and 
malignant  little  wretch,  highly  incensed  against  us  for 
defeating  him  on  that  point  here,  and  he  well  knows 
the  support  he  rec^^  upon  that  occasion  from  a party 
still  high  in  office  and  all  powerful  in  the  present  ad- 
ministration. The  association  of  Carm!  too  will  I fear 
prove  a clog  on  it,  for  tis  possible  he  might  deem  a 
rapid  success  as  a feather  to  his  colleague  taken  from 
himself — And  with  Britain  my  expectation  is  on  the 
same  level,  for  our  conduct  to  her  since  the  adoption 
of  the  present  gov^,  as  more  fully  shewn  by  this  decla- 
ration of  neutrality,  and  the  acceptance  of  her  patron- 
age (for  such  I presume  to  be  the  case  by  our  com" 


1793]  JAMES  MONROE.  267 


taking  the  rout  of  Niagara)  to  obtain  our  peace  with 
the  Indians,  must  convince  them  of  our  subservience 
to  their  views,  or  how  extremely  impotent  and  con- 
temptible we  are.  We  forced  that  nation  to  abandon 
those  very  Indians  in  her  treaty  with  us,  and  now  when 
opposed  to  them  alone,  divided  too  on  their  part,  and 
strengthened  on  ours  by  alliances  with  several  tribes, 
we  accept,  if  not  solicit,  her  aid  to  make  our  peace 
with  those  whom  they  had  sacrificed.  Either  this  na- 
tion must  be  among  the  most  unprincipled,  or  she  will 
endeavor  to  compensate  her  allies  at  our  expense.  To 
expect  the  contrary,  unless  we  have  the  fullest  assur- 
ance of  her  perfidy,  must  shew  the  weakness  of  our 
councils.  I trust  that  our  humiliation  has  attained  its 
lowest  point,  when  we  are  capable  of  placing  ourselves 
in  a situation  so  degrading  & shameful.  But  the 
solidity  of  our  credit  with  the  brokers  at  Amsterdam 
is  a medicine  of  sufficient  virtue  to  heal  every  wound 
that  can  be  given  to  the  national  honor  & reputation. 
Excuse  this  letter  which  has  exceeded  the  bounds  I 
had  contemplated,  and  be  assured  of  the  sincerity  with 
which  I am  yf  affectionate  friend  & servant 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Richmond,  July  23,  1793. 

Dear  Sir, — I came  here  yesterday  upon  some 
business  in  the  office  of  the  CT  of  chancery,  & shall 
return  to-morrow.  I shall  see  Barrett  today  & give 
him  a line  to  Mf  Pope  for  the  adjustment  of  his 
claim. 


268 

THE  WRITINGS  OF 

[1793 

Mf  Lewis  & Jones  have  valued  men  & children  but 
have  not  furnished  me  the  statement.  They  will  on  my 
return.  I am  likewise  in  yf  debt  for  the  Encyclopedia. 
Be  so  obliging  as  state  in  yf  next  the  amount  & I will 
include  the  whole  in  the  same  bond.  ’Tis  impossible 
to  adjust  the  transaction  in  a manner  more  agreeable 
to  me  & therefore  hope  it  will  likewise  be  so  to  you. 

The  information  contained  in  yf  last  of  the  prospect 
of  a war  with  Spain  is  truly  alarming — but  I still 
hope  it  may  be  avoided — as  it  embarks  us  of  course 
in  the  genl  war  of  Europe  & puts  our  fortunes  afloat 
on  the  event.  The  unanimity  of  our  Execut.  Coun- 
cils on  the  subject  begets  strange  suspicions  with  me. 

By  the  proclamation  so  far  as  it  had  a right,  we  are 
separated  from  France.  The  progress  of  the  war 
then  is  not  intended  to  be  in  great  harmony  with  that 
nation,  as  for  the  support  of  publick  liberty.  We 
shall  however  be  at  war  with  Spain  upon  a private 
quarrel  of  our  own — for  instance  for  the  Mississippi, 
& w^  I hear  has  been  entirely  guaranteed  by  Britain 
to  that  power.  But  the  guarantee  has  not  been  pub- 
lished & perhaps  not  intended  to  be.  The  commence- 
ment in  the  object  & parties  to  the  war,  contains  as 
little  hostility  to  Britain  & monarchy  as  possible  ; the 
odium  of  it  too  with  the  present  Indian  war  will  be 
placed  to  acc^  of  the  western  country,  already  unpopu- 
lar enough  throughout  the  Continent.  Britain  it  is 
obvious  will  prescribe  the  terms  of  the  peace  & what 
these  may  be,  in  the  unsettled  state  of  the  world  with 
respect  to  govf  the  disposition  of  many  with  respect 
to  the  west"  country,  & torn  to  pieces  as  we  are  by  a 


1793]  JAMES  MONROE.  269 


malignant  monarchy  faction,  is  altogether  incertain. 
Besides  upon  what  principle  can  it  be  accounted  for, 
that  the  notificate  party  lose  the  support  of  Hamilton 
upon  this  occasion  furnished  them  upon  all  others  ? 
The  notificates  are  in  the  dust  if  we  are  involved  in  a 
war,  & he  has  shewn  he  co^^  bear  any  kind  of  indignity 
from  the  c^  The  whole  is  misterious  to  me.  I 
fear  the  party,  finding  its  aff".®  desperate  and  that  by 
fair  discussion  before  the  publick  it  will  be  crushed, 
and  that  the  publick  credit  party  by  the  mismanage- 
ment of  the  pub.  finances,  and  partly  by  the  present 
war  whose  effect  is  felt,  are  disposed  to  precipitate  us 
into  some  dreadful  catastrophe  w^  may  end  we  know 
not  where.  The  circumstance  of  a Sp^  war  is  of  all 
others  the  happiest  expedient  for  them.  They  have 
shewn  themselves  the  patrons  & advocates  for  peace 
by  the  proclP — a war,  and  for  the  Mississippi  or 
Southern  boundaries  will  not  be  theirs — its  odium 
will  fall  elsewhere. 

I am  (agnst  every  invitation  to  war)  an  advocate 
for  peace.  The  insults  of  Sp",  Britain  or  any  other 
of  the  combined  powers,  I deem  no  more  worthy 
our  notice  as  a nation,  than  those  of  a lunatic  to  a 
man  in  health — for  I consider  them  as  desperate 
& raving  mad.  To  expose  ourselves  to  their  fury  if 
we  can  get  out  of  their  way  wo"?  be  as  imprudent  in 
the  former  as  the  latter  case.  To  preserve  peace  will 
no  doubt  be  difficult,  but  by  accomplishing  it,  we  shew 
our  wisdom  & magnanimity.  We  secure  to  our  people 
the  enjoyment  of  a dignified  repose,  by  indulging 
which  they  will  be  prosperous  & happy. 


270 

THE  WRITINGS  OF 

[1793 

There  is  no  sacrifice  I not  be  willing  to  make 
for  the  sake  of  France  & her  cause,  but  I think  by 
this  course  we  advance  her  interest — and  I am  per- 
suaded she  must  so  understand  it.  In  the  mean  time, 
whatever  the  principles  of  neutrality  wo'l  allow  of, 
sho'l  be  granted  her. 

I observe  a curious  publication  signed  pacificus  ” 
written  no  doubt  by  My  H.^  The  principles  it  con- 
tains are  really  novel.  The  President  he  says  may 
of  himself  annuli  any  treaty  or  part  of  a treaty  he 
thinks  fit,  as  the  organ  of  comm”  with  foreign  powers, 
that  he  has  done  so  by  the  prod” — in  respect  to  the 
guarantee,  w^  he  has  declared  void,  & the  other  two 
articles  he  has  permitted  to  remain  in  force.  It  con- 
tains other  doctrines  equally  exceptionable  but  w^  I 
have  not  time  at  present  to  notice  nor  you,  I presume 
to  read.  With  great  sincerity,  I am  y!  affectionate 
friend  & servant,  Ja!  Monroe. 

I rec"!  Mr  Freneau’s  note  excusing  the  omission 
abty  his  paper,  respecting  w^  I return  an  answer.  Is 
it  not  surprising  the  pamphlet  entitled  “ An  examina- 
tion ” has  not  reached  this.  I never  co^  obtain  a 
view  of  it  till  the  other  day  a copy  was  presented  me 
for  perusal. 

TO  THOMAS  JEFFERSON. 

Alb:,  Augt.  21,  1793. 

Dear  Sir, — On  my  return  from  Richmond  I was 
favored  with  yours  of  the  14.  of  July.  I sho'l  have 

* The  first  of  H amilton’s  essays  was  published  June  29th.  They  were  continued 
to  the  seventh  number,  appearing  at  intervals  during  the  succeeding  month. 


1793]  JAMES  MONROE.  271 


answered  it  sooner  had  I not  been  prevented  by  some 
peculiar  engagements.  At  present  I sho^l  be  more  full 
upon  some  points  but  that  the  favor  of  Mr  Madison’s 
compx — likewise  prevents  it.  Upon  one  point  I think 
it  necessary  to  say  a few  words.  You  suggest  that 
some  indiscretions  of  Mr  Genet  have  given  an  advan- 
tage to  his  adversaries  they  seem  disposed  to  avail 
themselves  of  by  an  appeal  to  the  people  w^  you  fear 
in  the  event  of  parties  & the  probable  preponderance 
of  the  opposite  interest  may  injure  his  country — of 
one  fact  I am  well  assured  that  in  case  of  such  an  ap- 
peal, the  people  of  this  State  in  deciding  on  the  merits 
of  the  controversy,  wo'l  pardon  the  errors  of  the 
French  minister,  whilst  they  wo'^  consider  those  of  the 
administration  inveterate  & malignant  vices.  They 
wo'l  consider  his  as  the  effect  of  the  intemperate  zeal 
of  an  honest  heart  active  in  the  support  of  the  best  of 
causes,  whilst  they  wo'?  deem  those  of  his  antagonists, 
as  the  effect  of  unsound  hearts  & wicked  heads  plan- 
ning the  ruin  of  that  cause. 

A variety  of  considerations  incline  me  to  believe 
that  a crisis  is  rapidly  approaching  that  will  produce 
some  great  change  in  our  affairs.  I consider  this 
gent”  as  an  important  instrument  in  bringing  on  that 
crisis.  The  publick  mind  will  not  be  governed  by 
light  or  trivial  incidents  but  will  take  the  measures  of 
4 or  5 years  together — as  the  data  or  rule  to  decide 
by — and  if  upon  the  whole  the  measures  of  the  adm” 
partake  more  of  evil  than  good,  let  the  incident  w^ 
matures  the  crisis  be  what  it  may,  they  will  condemn 
it.  This  is  not  suggested  as  a mere  matter  of  surmise. 


272 

THE  WRITINGS  OF 

[1793 

I know  the  principle  to  be  at  work  & I am  well  satis- 
fied it  will  produce  fruit  in  the  course  of  a short  time. 

The  French  historians  will  record  the  conduct  of 
this  country  towards  theirs,  they  will  note  that  of  in- 
dividuals also.  Those  who  shall  take  any  part  which 
the  world  & posterity  may  not  approve,  be  they  who 
they  may,  will  be  handed  down  in  their  proper 
colours. 

I understand  from  Mf  Madison  that  you  have 
already  rec^^  some  intimation  of  the  paper  enclosed. 
I have  therefore  only  to  request  that  you  will  be  so 
kind  as  forw"!  it  to  the  gent?  to  whom  it  is  addressed. 

Mr  Randolph  & Mr  Jeff."  dined  with  us  today — his 
family  are  well. 

I am,  dear  sir,  very  affectionately  yr  fr"^^  & servt. 

Ja?  Monroe. 


TO  JOHN  BRACKENRIDGE.^ 

Albemarle,  Aug*  23,  1793. 

Dear  Sir, — Accept  my  congratulations  on  yr  safe 
arrival  & happy  prospects  in  the  country  you  have 
adopted  as  yr  own.^  I wish  I co^  write  you  more  fully 
at  present,  but  time  & other  circumstances  will  not 
permit. 

The  monarchy  party  among  [us  ?]  has  seized  a new 
ground  whereon  to  advance  their  fortunes.  The 
French  minister  has  been  guilty,  in  the  vehemence  of 
his  zeal,  of  some  indiscretions,  slighting  the  President 
of  the  U.  States,  and  instead  of  healing  the  breach. 


^ I am  indebted  to  Mr.  Wilberforce  Eames  for  this  copy  from  the  original  in 
Lenox  Building,  N.  Y.  Public  Library,  Em.  1122.  ^ Kentucky. 


1793]  JAMES  MONROE. 


this  party  have  brought  it  to  the  publick  view  & are 
labouring  to  turn  the  popularity  of  this  respectable 
citizen,  agnst  the  French  revolution,  thinking  to 
separate  us  from  France  & pave  the  way  for  an  un- 
natural connection  with  Great  Britain. 

Jay  & King  have  certified  the  indiscretion  charged 
on  the  minister,  & handed  it  to  the  publick  printers. 
I have  time  only  to  suggest  the  idea,  to  enable  you  to 
understand  what  you  may  see  in  violation  to  this  ob- 
ject, & to  put  the  friends  of  republican  government 
on  their  guard.  With  great  esteem  I am  sincerely 
friend  & serv^ 

Ja!  Monroe. 

Fav*!  by  M!  Marshall. 


TO  THOMAS  JEFFERSON. 

Staunton,  Sepr  3,  1793. 

Dear  Sir, — I parted  from  Mf  Madison  three  days 
past  at  my  home.  He  was  so  kind  as  to  shew  me 
yf  letter^  to  him  by  Mr  Randolph.  The  state  into 
which  the  conduct  of  an  indiscreet  man  on  the  one 
part,  and  some  very  wicked  men  on  the  other,  has 
thrown  us  in  respect  to  France  fills  me  with  extreme 
concern.  That  he  sho^  not  have  implicitly  follow’d 

^ “You  will  perceive  by  the  enclosed  letters  that  Genet  has  thrown  down  the 
gauntlet  to  the  President  by  the  publication  of  his  letter  & my  answer,  and  is 
himself  forcing  that  appeal  to  the  public,  & risking  that  disgust  which  I had  so 
much  wished  should  have  been  avoided.  The  indications  from  different  parts 
of  the  continent  are  already  sufficient  to  shew  that  the  mass  of  the  republican 
interest  has  no  hesitation  to  disapprove  of  this  intermeddling  by  a foreigner,  & 
the  more  readily  as  his  object  was  evidently,  contrary  to  his  professions,  to  force 
us  into  war.  I am  not  certain  whether  some  of  the  more  furious  republicans 
may  not  schismatize  with  him.” — Jefferson  to  Madison^  August  2^,  1793^ 

VOL.  I.— 18 


274 

THE  WRITINGS  OF 

[1793 

yf  advice  in  all  the  aff"?  of  his  country  is  to  me  aston- 
ishing, as  well  from  yf  known  attachment  to  that  na- 
tion & her  cause  as  his  having  mentioned  that  fact  in 
Richmond  on  his  way  to  Phil?  With  respect  to  him 
he  must  follow  the  fortune  he  has  carved  out  for  him- 
self. It  remains  for  us  to  prevent  the  ill  effects  which 
menace  us  from  that  quarter,  by  appeasing  France  by 
every  possible  explanation  8i?  in  our  power  ; & coun- 
teracting at  home  the  views  of  the  party  who  have 
brought  the  subject  to  the  publick  view. 

That  the  object  of  this  party  is  to  separate  us  from 
France  & ultimately  unite  us  with  EngF  is  what  I am 
well  assured  of — and  that  the  certificate  of  Mess^?  Jay 
& King  was  concerted  at  Phil?  as  the  means  of  bring- 
ing the  subject  before  the  publick  is  likewise  what  I 
believe.  Tis  likewise  to  be  presumed  that  they  had 
made  their  arrangements  for  taking  the  subject  up 
throughout  the  continent  so  as  to  give  the  proceeding 
a face  that  would  be  highly  disgusting  to  France.  I 
consider  the  whole  however  as  a mere  trick  & which 
will  ultimately  recoil  on  the  authors  of  it.  The  peo- 
ple will  soon  perceive  they  have  been  abused  & hur- 
ried into  excesses  they  will  be  ashamed  of  as  soon  as 
they  become  cool. 

The  party  in  Richmond  was  soon  set  in  motion, 
from  what  I have  understood  here  have  reason  to  be- 
lieve they  mean  to  produce  the  most  extensive  effect 
they  are  capable  of.  Mf  Marshall  had  written  G. 
Jones  on  the  subject  & the  first  appearances  threatened 
the  most  furious  attack  on  the  French  minister,  the 
pressure  to  it  was  ended  in  a manner  honorable  to  the 


1793]  JAMES  MONROE.  275 


parties  concerned  (the  mention  of  that  character  alone 
excepted)  & he  is  only  classed  with  Messrf  Jay  & King. 
I am  persuaded  the  subject  will  likewise  be  taken  up 
in  Albemarle  & other  parts  of  the  State,  and  appre- 
hend there  is  some  danger  these  latter  gentP  may  be 
presented  by  the  Grand  jury  for  their  improper  inter- 
ference in  the  affr^  of  the  Executive.  Satisfied  I am 
that  in  a publick  discussion,  the  sense  of  the  commu- 
nity will  be  found,  in  the  proportion  of  9.  to  i.  in 
favor  of  the  French  cause  & in  reprobation  of  any 
effort  to  lessen  its  merits  & interest  here.  I doubt  not 
yf  sense  of  the  conduct  of  the  individual  is  confined  to 
a very  narrow  circle,  for  the  experiment  of  separat- 
ing him  from  his  country,  in  every  view,  is  of  that 
delicate  nature,  that  its  consequences  cannot  be  for- 
seen.  Many  here,  & since  his  letter,  & the  certificate 
alluded  to  have  been  seen,  applaud  him  for  his  zeal 
in  pressing  the  cause  of  his  country.  But  if  they  be- 
lieved that  you  really  tho^  him  culpable,  it  would 
create  a despondency  that  would  complete  the  triumph 
of  the  enemies  to  his  country  & her  cause. 

I have  been  long  sensible  that  yf  departure,  & 
especially  since  the  publick  mind  has  been  so  much 
agitated,  wo?  be  severely  felt  & vehemently  opposed 
by  a particular  character.  If  I mistake  not  he  fears 
to  be  left  exposed,  in  the  society  of  those  who  would 
be  left  behind  with  him  after  y^^  departure.  If  yf  opin- 
ions had  more  weight  upon  the  questions  agitated,  I 
sho?  believe  the  desire  for  yf  continuance  was  not 
dictated  by  self-love.  Permit  me  to  add  that  I con- 
sider yf  situation,  the  most  important  & interesting 


276 

THE  WRITINGS  OF 

[1793 

that  can  be  conceived.  Its  importance  is  felt  by  the 
opposite  party  in  such  a degree  that  altho  in  one 
view  they  wo."^  be  gratified  by  yf  retreat,  yet  they 
fear  greater  injury  to  themselves,  from  that  event 
than  yf  continuance,  and  therefore  wish  it.  They 
know  the  solidity  of  yf  principles  founded  on  reason 
& reflection,  and  in  case  the  republican  party  sho? 
pass  that  boundary,  count  upon  yr  restraining  them  ; 
because  they  well  know  that  that  party  repose  an  un- 
limited confidence  in  you.  Yf  friends  indeed  will  be 
happy  in  yf  continuance  because  they  will  be  greatly 
aided  by  yf  councils.  I write  you  in  great  hurry, 
not  having  indeed  leasure  to  read  it  over,  so  that  you 
will  find  an  apology  for  any  impropriety  it  may  con- 
tain, knowing  the  sincerity  with  which  I am  y!"  af- 
affectionate  friend  and  servant. 

jAf  Monroe. 


TO  JAMES  MADISON. 

Albemarle,  Sepr.  25,  1793. 

Dear  Sir, — I am  still  doubtful  whether  I shall  visit 
Fredericksburg  this  term — if  I do  will  call  on  you  as 
I go  down  perhaps  on  Monday — but  I shall,  in  case  I 
do  not,  set  out  on  that  day  for  Richmond,  so  that  I 
shall  not  have  the  pleasure  of  seeing  you  here  till  the 
week  after. 

I found  at  Staunton  impressions  had  been  made 
by  letters  from  Richmond.  Mr.  M.  had  written  to 
G!  Jones  who  was  there  to  promote  an  address  cor- 
respondent with  that  from  the  metropolis.  The  let- 


1793]  JAMES  MONROE.  277 


ters,  however,  I took  with  me  effectually  changed  the 
current  and  gave  it  a direction  against  the  anti-repub- 
lican faction.  A meeting  took  place  & resolutions 
were  passed  in  a tone  of  sentiment  perfectly  correct  & 
proper.  Messrs.  Jay  & King  were  put  upon  the  same 
footing  with  the  French  minister  in  a resolut’n  whose 
object  was  to  conciliate  France  & express  the  attach- 
ment of  the  place  to  her  revolution.  They  were  en- 
closed to  Mr.  Gamble  to  be  handed  the  Printer  but  as 
yet  have  not  appeared.  I returned  home  sick  of  the 
Influenza  & was  indisposed  thro’  the  court  here.  Mr. 
Nicholas  was  unwell  & did  not  come  up  till  the  day 
the  c’t  adjourned.  Gilmer  was  in  Rockingham — and 
the  clerk  was  averse  & circulated  resolutions  of  a dif- 
ferent complexion.  Finally  a notice  was  put  up  for  a 
meeting  of  the  freeholders  on  the  last  day  of  the  court 
— but  few  met  so  that  the  project  failed,  very  much  to 
the  chagrin  of  all  who  did,  & indeed  of  every  one  who 
heard  of  it,  except  a few  only.  It  is,  however,  to  be 
renewed  at  the  next  county  court  when  it  is  intended 
to  part  the  pro’s  & con’s.  A little  incident  has  given 
me  some  pain — being  sick  & hearing  the  Clerk  had 
shewn  some  improper  resolutions,  & that  he  likewise 
disapproved  those  of  Staunton,  I furnished  Bell,  who 
called  on  me,  with  those  we  had  approved,  to  be 
copied  & given  to  Mr.  Randolph  that  the  latter  might 
alter  the  style.  This  was  done,  but  unfortunately  a 
schism  took  place  in  that  family  between  those  drawn 
there  and  the  original  set — Peter  Carr  preferring  the 
latter — so  that  both  were  shewn  & I am  told  that  since 
those  from  Caroline  have  appeared,  their  correspond- 


278 

THE  WRITINGS  OF 

[1793 

ence  with  them,  has  been  notic’d.  I shall  adjust  this 
matter  in  the  best  manner  possible. 

Mr.  Jefferson  I hear  is  arrived.  I shall  see  him  this 
morning.  I have  written  a piece  for  Richmond  but 
doubt  the  propriety  of  its  publication — as  upon  a re- 
view it  bears  the  aspect  of  too  pointed  an  attack  upon 
a certain  personage — & likewise  treats  with  too  much 
asperity  G.  Morris.  Very  affectionately  I am  yV 
friend  & serv’t 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Octr.  14,  1793. 

Dear  Sir, — The  fatigue  of  my  late  journey  & some 
concerns  wch.  require  immediate  attention  will  deprive 
me  of  the  pleasure  of  being  at  Monticello  till  after  ye. 
arrival  of  Mr.  Madison  which  will  be  on  Wednesday 
— unless  the  funeral  of  his  brother  shod,  detain  him 
longer,  wch.  however  is  not  expected.  I send  you  the 
Fredbg.  paper  containing  ye.  proceeding  there,  wch. 
terminated  in  a recommendation  to  the  counties  to 
take  ye.  subject  up.  It  commenced  in  an  invitation 
by  Jas.  Mercer,  Mann  Page,  & others,  the  most  re- 
spectable inhabitants  in  that  part  of  the  State,  to  the 
inhabitants  of  the  District  to  convene  for  the  purpose 
of  discussing  some  topics  of  general  concern.  Edwd. 
Stevens  who  was  at  that  time  in  town  with  some  asso- 
ciates of  the  same  party,  took  the  recommendation  up, 
& (he  being  in  the  chair)  addressed  the  inhabitants  of 
Culpeper  against  the  meeting — similar  efforts  were 
made  elsewhere  wch.  together  with  the  short  notice 


1793]  JAMES  MONROE.  279 


given,  & the  real  difficulty  in  assembling  people  from 
parts  so  distant,  prevented  a numerous  meeting.  The 
majority  therefore  was  with  the  town  & its  depen- 
dents. This  will  acct.  for  the  issue.  Those  of  char- 
acter, such  as  Page  &c.,  withdrew  their  names  from 
the  committee,  & Mercer  was  retained  by  his  seat  in 
the  chair  only.  The  weight  of  the  republican  char- 
acters awed  the  sects,  tories,  & their  assistants  into 
silence  or  I believe  a most  loyal  proceeding  wod.  have 
been  exhibited  to  the  publick.  The  resolves  I have  no 
copy  of  but  they  will  be  published  in  the  paper.  I am 
affec’y.  yr.  friend  & servt. 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Philadelphia,  Dec^  4, 1793. 

Dear  Sir, — I find  the  establishment  of  the  charge 
agnst  Mr  Genet  will  depend  principally  upon  what  you 
heard  Mr  Dallas  say.  This  latter  will  deny  that  he 
ever  said  anything  like  what  the  certificate  states. 
Jay  & King  heard  it  from  Hamilton  & Knox,  these 
latter  from  Mifflin  & I am  told  that  there  is  a differ- 
ence between  those  gentP  & Mifflin,  & likewise  between 
him  & Dallas  as  to  what  they  respectively  stated. 
So  that  the  fact  will  be  disproved  agnst  them,  unless 
the  circumstances  they  are  able  to  adduce  are  sup- 
ported by  you.  If  they  procure  from  the  President 
yr  report  to  him  will  not  this  transfer  the  business 
from  them  to  him.  I have  just  heard  the  above  & 
transmit  it  for  yr  information. 


Ja!  Monroe. 


280 

THE  WRITINGS  OF 

[1794 

TO  JAMES  MADISON. 

New  York,  Feb’y  8,  1794. 

Dear  Sir, — I arrived  yesterday  too  late  for  the 
post  to  bear  the  acc’t  of  it.  I found  Mrs.  M.  & the 
child  well,  tho’  the  former  had  been  nearly  lost  by  the 
sinking  of  the  ice  as  she  came.  Mr.  Kortright  is 
living  & perfectly  in  his  senses,  free  from  pain  & per- 
haps not  near  his  end.  He  is,  however,  in  his  decline 
& confined  to  his  room.  I find  him  most  friendly  & 
affectionate,  but  as  yet  I am  not  sufficiently  acquainted 
with  his  aff’rs  to  say  anything  respecting  them. 

I am  happy  to  hear  that  y’r  resolutions  are  post- 
poned by  the  authority]  you  mention.  I think  the 
publick  sentiment  with  them.  I found  it  a subject  of 
complaint  as  I pass’d  thro’  Jersey  that  the  doors  of 
the  H.  of  R.  were  not  shut  as  those  of  the  Senate 
were,  because  the  people  were  already  so  hostile  to 
G.  B.  that  it  wo’d  be  difficult  to  keep  them  within 
bounds  if  encouraged  in  that  licentious  spirit  by  the 
discussions  in  Cono-ress.  An  excise  officer  of  the  lat- 
ter  place  as  I understood  who  came  up  from  Phila.  to 
Trenton,  said  the  resolutions  wo’d  not  pass  but  that 
the  Sec’y  of  T.  was  preparing  something  that  w’d  do 
better  ; but  even  this  man  said  he  wished  France  well 
& felt  resentment  towards  Brit’n.  I hope  to  hear 
regularly  whilst  I stay  from  you  & Colo.  Taylor. 

Affec’y  I am  y’r  friend  Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Phila.,  March  3,  1794. 

Dear  Sir, — The  avidity  with  which  I knew  you 
sought  retirement  and  peace,  undisturbed  by  political 


JAMES  MONROE. 


1794] 


281 


occurrences,  with  the  further  consideration  that  no 
event  of  any  importance  had  taken  place  since  you 
left  us,  prevented  my  trespassing  on  you  sooner.  I 
am  perfectly  satisfied  you  will  find  in  that  retirement 
a contentment  & tranquility  not  to  be  hoped  for  in 
publick  life.  And  yours  will  be  the  greater  because 
you  carry  to  it,  notwithstanding  the  important  and 
even  turbulent  scenes  you  have  passed  through,  not 
only  the  approbation  of  yr.  own  heart,  & of  yr.  coun- 
trymen generally,  but  the  silence  & of  course  the 
constrained  approbation  of  y^  enemies.  I look  for- 
ward with  pleasure  to  the  period,  and  it  shall  be  no 
distant  one,  when  I shall  occupy  as  your  neighbour 
the  adjoining  farm.  To  this  end  all  my  plans  will 
hereafter  have  an  undeviating  reference,  and  I con- 
sider the  death  of  Mrs.  Monroe’s  father,  an  event 
lately  taken  place,  lessening  her  attachment  to  this 
quarter  of  our  country,  as  calculated  to  precipitate  it. 

You  were  aware  of  the  motive  in  commencing  the 
session  by  some  act,  connected  with  the  present  state 
of  our  affrs.  founded  on  the  publick  sentiment,  and 
which  shod,  at  the  same  time  vindicate  our  rights  & 
interests,  and  likewise  shun  all  possible  pretext  for 
war,  on  the  part  of  the  power  it  was  meant  to  affect, 
and  that  the  propositions  introduced  by  Mf  Madison^ 

^ Madison,  as  the  leader  of  the  Republican  party,  had  introduced  in  the  House, 
on  January  3,  1794,  a series  of  resolutions,  based  on  the  report  made  by  Jef- 
ferson, shortly  before  his  retirement,  in  reference  to  the  restrictions  imposed 
on  our  trade  by  foreign  countries.  These  resolutions  proposed  additional  duties 
on  the  manufactures  and  shipping  of  countries  having  no  commercial  treaty 
with  us,  and  provided  for  specific  retaliation  wherever  restrictions  were  imposed 
by  foreign  governments  on  our  commerce.  The  resolutions  were  bitterly  op- 
posed by  the  Federalists,  who  declared  they  were  aimed  at  Great  Britain,  in  the 


282  THE  WRITINGS  OF  [1794 


were  tho’t.  best  calculated  to  accomplish  this  object. 
Of  their  fate  so  far,  he  says  he  will  inform  you,  so 
that  I need  only  add  on  that  subject,  that  whether  we 
succeed  or  not,  they  will  certainly  tend  to  open  the  eyes 
of  the  eastern  people  respecting  the  conduct  of  their 
representatives  as  well  as  of  the  motive  for  it.  Infor- 
mation is  all  they  want : an  opposition  to  our  carrying 
trade,  by  their  own  members,  will  affect  them,  in  such 
a manner,  they  will  all  know  the  fact,  & understand 
the  motive.  I therefore  hope  for  the  best  effects 
from  the  discussion  of  these  propositions,  and  think 
symptoms  to  the  Eastward  authorize  the  expectation 
it  will  be  verified. 

On  Friday  last  the  Senate,  14  to  12,  declared  that 
Mr.  Gallatin^  had  not  been  9 years  a citizen  of  the 
U.  States  when  elected  & that  his  seat  was  vacant. 
Upon  this  occasion  Mr.  H.^  of  N.  C.  left  us  wch.  pre- 
vented a division,  & a decision  from  the  chair ; we 
have  reason  to  believe  that  a decision  wod.  have  been 
with  us,  from  what  has  since  transpired,  upon  the 


interest  of  France.  A long  and  acrimonious  discussion  ensued,  which  resulted, 
February  3d,  in  the  adoption  of  the  first  resolution,  involving  the  general  prin- 
ciple of  the  proposed  measures,  by  a vote  of  51  to  46.  The  others  were  still 
before  the  House  at  the  time  this  letter  was  written. 

' Albert  Gallatin,  a native  of  Geneva,  Switzerland.  Soon  after  his  seat  in  the 
Senate  was  vacated,  he  was  elected,  by  the  Republican  party,  a representative 
from  Pennsylvania,  and  served  in  the  House  with  distinguished  ability  from 
1795  to  1801,  when  he  became  Secretary  of  the  Treasury  under  Jefferson, 

^Benjamin  Hawkins,  Senator  from  North  Carolina,  1789-95.  He  served, 
in  the  Revolutionary  war,  on  the  staff  of  Washington,  as  interpreter,  where  his 
knowledge  of  French  was  of  great  service  to  the  Commander-in-Chief,  in  his 
intercourse  with  the  French  officers.  In  1796  Washington  appointed  him  agent 
for  Superintending  all  the  Indians  south  of  the  Ohio.  He  held  this  office  until 
his  death  in  1816. 


1794]  JAMES  MONROE.  283 


principle,  his  vote  should  not  displace  the  sitting 
member.  Morris  had  intimated  in  the  beginning  he 
shod,  take  no  part  in  the  question,  but  finding  that 
Langdon  was  with  us  & the  question  wod.  probably 
depend  on  his  vote,  just  before  the  vote  was  taken  he 
rose  and  apologized  for  the  necessity  he  was  under 
from  scruples  of  conscience  (being  convinced  he  had 
no  right  to  his  seat)  to  vote  his  colleague  out.  It 
appeared  he  had  been  near  14  years  a resident,  7 
years  in  Mass  : where  he  was  a professor  of  Harvard 
College,  and  where  there  is  no  citizen  law,  and  in- 
habitance  makes  citizenship,  by  the  constitution  of 
that  State.  In  opposition  to  which  it  was  contended 
that  the  Englh.  alien  laws  were  in  force  there  & that 
it  was  the  practice  of  the  State  to  pass  special  acts  of 
naturalization  for  foreigners.  That  ''  inhabitant  ” 
means  native  or  person  so  naturalized  and  that  the 
confP  (4th  article)  could  not  make  an  inhabt.  tho' 
for  50  years  in  that  State,  not  born  nor  naturalized 
there,  a citizen  in  another  emigrating  there.  The  op- 
posite of  this  doctrine  was  urged  in  both  instances, 
and  in  particular  in  the  first,  that  sped,  acts  of 
naturalizatn.  might  be  intended  to  dispense  with  resi- 
dence, or  as  favors,  and  at  best  wd.  not  controul  the 
constn.  of  the  State  wch.  was  paramount  & a rule  to 
us.  He  had  not  taken  the  oath  of  fidelity  9 years 
when  elected  nor  when  he  took  his  seat. 

Abt.  3 weeks  past  a resolve  passed  the  Senate  by  a 
majority  of  one  for  requesting  the  President  to  lay  be- 
fore the  Senate  the  correspondence  of  Gr.  Morris, 
with  our  Ex  : & with  that  of  France  also.  Two  days 


284  the  writings  OF  [1794 


past  he  laid  before  us  a voluminous  correspondence, 
stating  “ that  he  had  omitted  such  parts  as  in  his  judg- 
ment ought  not  to  be  communicated.”  It  has  not  yet 
been  taken  up.  The  opinion  however  of  many  is  that 
his  discretion  sho’d.  extend  to  time  only,  but  this 
assumes  the  control  over  the  whole  subject  & in  all 
respects.  The  removal  of  G.,  if  it  wo’d  have  been 
proper  in  any  event  to  discuss  this  point  (considering 
the  Senate  a branch  of  the  legislature)  will  I presume 
prevent  it. 

About  a week  past  the  question  for  opening  the 
doors  of  the  Senate  was  taken,  by  the  vote  it  was 
rejected  14  to  13.  Bradley  of  Verm  ; finding  he  co’d. 
carry  it,  moved  to  reconsider,  w’ch.  gained  us  imme- 
diately three  others,  & upon  the  final  vote  the 
opposition  was  reduced  to  8 or  9 only  : Ellsworth 
&c.  voting  for  it,  to  take  effect  next  session.^ 

The  Indian  Treaty  formed  by  Putnam  after  lengthy 
discussion  was  rejected.  The  arrival  of  Fauchet 
has  removed  Mf  Genet  who  is  still  here  & I believe 
under  some  difficulty  how  to  shape  his  course,  on  w’ch. 
head  nothing  final  has  transpired.  Fauchet  was 
rec’d.  with  the  most  profound  attention  by  the  party 

^ “ Resolved — That,  after  the  end  of  the  present  session  of  Congress,  and  so 
soon  as  suitable  galleries  shall  be  provided  for  the  Senate  Chamber,  the  said 
galleries  shall  be  permitted  to  be  opened  every  morning,  so  long  as  the  Senate 
shall  be  engaged  in  their  Legislative  Capacity,  unless  in  such  cases  as  may,  in 
the  opinion  of  the  Senate,  require  secrecy,  after  which  the  said  galleries  shall 
be  closed. 

“ Resolved,  That,  on  a motion  made  and  seconded  to  shut  the  doors  of  the 
Senate,  on  the  discussion  of  any  business  which  may,  in  the  opinion  of  a 
member  require  secrecy,  the  President  shall  direct  the  gallery  to  be  cleared  ; 
and  that  during  the  discussion  of  such  motion,  the  doors  shall  remain  shut.” 
Annals  of  Congress,  February  li,  1794. 


1794]  JAMES  MONROE.  285 


heretofore  opposed  to  his  country  & his  cause.  ’ Tis 
probable  they  might  hope  the  fate  of  his  predecessor 
wo’d.  warn  him  to  shun  not  only  his  errors  but  like- 
wise the  friends  of  France,  upon  the  idea  they  wo’d. 
be  the  friends  of  Mr.  Genet.  But  this  calculation 
cannot  be  verified.  He  must  soon  find  that  the  re- 
publican party  here  are  the  only  friends  of  that  cause  in 
his  own  country,  and  that  it  was  owing  to  a zeal  for 
that  cause  and  a belief  the  man  was  honest,  that  his 
errors  were  in  any  degree  tolerated  by  them.  As  yet 
the  conduct  of  Fauchet  appears  to  be  reserved  and 
prudent,  and  'tis  to  be  hoped  he  will  finally  take  a 
course  correspond  g.  with  what  the  interest  of  his 
country  may  require.  We  are  well.  Mrs.  M.  was 
called  ab’t.  three  weeks  past  by  the  illness  of  Mr. 
Kortright  to  N.  Yk.  where  she  still  is  : I hope  for  her 
return  in  a few  days.  With  great  respect  & esteem 
I am  Dear  Sir  sincerely  yr.  friend  &:  servant 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Philadelphia,  March,  i6th  ’94. 

Dear  Sir, — Mr.  Madison’s  propositions  are  yet 
depending  & their  fate  uncertain.  The  probability  is 
they  will  pass  in  the  H.  of  R.  & be  rejected  in  the 
Senate.  The  steady  zeal  with  which  any  thing  like  a 
systematic  operation  on  the  British  commerce,  or  in- 
deed any  branch  of  her  interest  is  opposed,  you  have 
long  witnessed  & can  of  course  readily  conceive  upon 
the  present  occasion.  The  opposition  as  you  have 
seen  commenced  in  the  most  open  declarations  in 


286 

THE  WRITINGS  OF 

[1794 

favor  of  G.  Britain,  justifying  her  in  all  her  enormities  ; 
but  latterly  it  has  assumed  a new  tone  passing  into  the 
opposite  extreme.  Mr.  Sedgewick  introduced  the 
other  day  a proposition  for  raising  15,000  provisional 
troops  founded  upon  the  idea  of  providing  for  our 
defense  against  invasion,  & the  probability  of  such  an 
event,  considering  the  unfriendly  conduct  of  G.  B.  to- 
wards us  for  some  time  past.  It  is  believed  this  was 
not  only  concluded  by  the  leaders  of  the  faction,  but 
that  all  its  members  will  support  it.  A change  so 
extr  y.  must  have  a serious  object  in  view.  At  first  I 
believe  it  was  only  to  counteract  by  a new  manoeuvre 
the  propositions  of  Mr.  M ; showing  that  the  crisis 
was  more  urgent  than  they  co’d.  remedy,  & to  remove 
at  the  same  time  the  impression  their  partiality  for  B. 
had  created  among  their  constituents.  But  I am  in- 
clined to  think  that  it  contemplates  something  still 
further  and  is  designed  to  lay  the  foundation  of 
measures  more  destructive  to  the  publick  happiness. 
They  are  to  be  raised  in  no  given  quarter,  & although 
they  may  be  deemed  a kind  of  minute  men  in  respect 
to  their  situation  except  in  time  of  war,  yet  in  every 
other  respect  they  will  be  regulars.  As  such  they  will 
be  officered  by  the  genl.  govt.,  as  such  paid,  and  most 
of  the  officers  will  consider  it  as  the  commencement 
of  a military  establishment,  embark  in  it  with  that 
view  & use  their  utmost  efforts  to  convert  it  into  one. 
The  order  of  Cincinnati  will  be  plac’d  in  the  command 
of  it,  being  a part  of  the  military  establishment ; one 
common  chief  will  be  at  the  head  of  the  whole,  as 
generalissimo,  & immediately  supersede  Wayne.  A 


1794]  JAMES  MONROE.  287 


particular  character  here  is  contemplated  for  this  office, 
& two  of  our  countrymen  H.  L.^  & C.^  are  spoken  of 
as  persons  deserving  high  rank  in  it.  The  influence 
of  such  an  institution  upon  the  measures  of  the  gov’t 
in  the  patronage  it  gives  &c.  you  will  readily  conceive 
— nor  can  it  be  doubted  that  if  it  sho’d.  be  so  disposed 
as  its  leaders  will  be,  it  may  even  remodel  & form  it 
by  the  Englh  standard.  It  will  likewise  completely 
supersede  the  militia,  who  will  afterwards  become  a 
useless  & dormant  body,  scarcely  retaining  arms  in 
their  hands.  Thus  we  see  this  faction  in  our  councils 
seizing  with  avidity  every  incident  that  may  possibly 
tend  to  promote  the  great  object  of  a change  in  the 
government. 

What  course  it  will  be  proper  for  us  to  take  in  the 
present  emergency  becomes  daily  more  difficult  to 
decide.  The  aggressions  of  Britain  have  increased  to 
a height  to  silence  the  voice  of  her  friends,  or  nearly 
so.  She  regards  no  kind  of  form  in  the  pursuit  of  our 
property,  seizing  whatever  she  can  lay  her  hands  on. 
Our  vessels  w’ch.  remain  are  driven  into  harbour  here 


^ Henry  Lee,  the  “ Light-Horse  Harry”  of  the  Revolution.  At  the  date  of 
this  letter  he  was  Governor  of  Virginia.  In  the  following  October,  Washing- 
ton placed  him  in  command  of  the  forces  sent  to  suppress  the  Whiskey 
Insurrection,  in  Pennsylvania.  In  1798,  at  Washington’s  suggestion.  President 
Adams  appointed  him  Major-General  in  the  Provisional  Army  authorized  in 
anticipation  of  a war  with  France. 

Colonel  Edward  Carrington.  He  had  served  as  Lieutenant  Colonel  of  Artil- 
lery and  Commissary  of  Prisoners  during  the  Revolution.  Washington  had 
great  confidence  in  him,  and  consulted  him  often  as  to  appointments  from  Vir- 
ginia. In  1796  he  tendered  him  the  office  of  Secretary  of  War,  which  was 
declined  ; and  in  1798  recommended  his  appointment  as  Quartermaster-General 
of  the  Provisional  Army. 


288 

THE  WRITINGS  OF 

[1794 

& will  I apprehend  scarcely  leave  it  again  for  the 
present.  An  embargo  is  proposed  with  the  view  of 
cutting  off  supplies  from  the  B’h.  West  Indies,  neces- 
sary in  aid  of  her  present  operations  there. 

Urgent  as  the  crisis  is,  the  embarrassment  increases 
still  further  from  the  consideration  that  not  the  least 
confidence  can  be  reposed  in  our  Executive  council. 
To  embark  in  a war  when  the  whole  favor  of  the 
country  will  be  in  the  hands  of  the  enemy  of  the  pub- 
lick  liberty,  a few  characters  only  excepted,  will  be 
more  dangerous  than  any  now  menac’d  from  B.  and 
yet  to  take  no  step  seems  to  evince  a pusillanimity 
w’ch.  will  degrade  us  as  a nation,  & likewise  suffer  the 
ruin  of  our  commerce  & every  other  interest  connected 
with  it  to  take  place. 

Prior  to  the  excl’n.  of  Gallatin  several  votes  had 
been  taken  & carried  in  the  Senate  w’ch.  indicated  a 
change  in  the  general  measures  of  that  body.  A par- 
ticular one  calling  for  the  correspondence  of  G.  Morris 
was  more  especially  felt  in  a certain  quarter.  At  that 
period  R.^  informed  us  that  a certain  person  began  to 
doubt  the  views  & principles  of  a certain  faction  & to 
think  more  favourably  of  others.  And  the  members 
of  that  faction  began  to  express  similar  doubts  of  him. 
But  from  the  time  of  his  removal  we  have  heard 
nothing  further  of  those  doubts,  on  his  part,  and  on 
theirs  the  ancient  spirit  of  confidence  & affection  has 
been  revived.  What  will  be  the  issue  of  our  affairs 
time  can  only  develope,  but  certain  it  is  that  at  present 


’ Edmund  Randolph,  who  had  succeeded  Jefferson  as  Secretary  of  State, 
January  2,  1794. 


1794]  JAMES  MONROE.  289 


the  prospect  is  most  wretched  & gloomy.  I had  like 
to  have  omitted  mentioning  that  as  a remedy  it  was 
talked  of  by  the  fiscal  party,  to  send  an  Envoy  Exty. 
to  Engld.  to  complain  of  these  injuries  & seek  redress, 
& that  H ^ was  spoken  of  for  this  mission.  As  the 
situation  is  in  some  measure  a parallel  one  I sho’d. 
think  it  more  suitable  to  employ  John  Dickinson,  who 
I believe  drew  the  last  petition  of  Congress  to  the 
king,  in  the  course  of  the  late  revolution.  With  great 
respect  & esteem,  I am,  Dear  Sir,  Yr.  affectionate 
friend  & serv^  Ja!  Monroe. 


TO  THOMAS  JEFFERSON. 

Philadelphia,  March  26,  1794. 

Dear  Sir, — Your  favor  of  the  reached  me 
yesterday.  We  were  mortified  to  find  that  our  letters 
had  not  reached  you,  but  hope  the  obstacle  at  Rich- 
mond is  removed  before  this.  As  Mr.  M.  has  written 
you  I shall  say  nothing  at  present  upon  the  subject 
of  affrs.  here. — I shall  only  commence  with  the  en- 
closure of  yr.  correspondence  with  Hammond  wch. 
after  perusal  by  yr.  family  & any  others  whom  you 
wish,  shall  thank  you  to  send  to  my  brother  in  Char- 
lottesville— I sent  Stuart  at  Staunton  a copy  and  we 
mean  to  transmit  one  with  the  one  containing  the 
correspondence  with  Mr.  Genet  to  the  Ex  : for  the 
legislature.  I hope  Peter  has  not  failed  to  attend  & 
pursue  yr.  advice  respecting  the  fruit  trees.  We  de- 
sire to  be  affectionately  rememb’d  to  yr.  family.  I 
am  sincerely  yr.  friend  & servt.  Ja?  Monroe. 


VOL.  I.— 19 


^ Alexander  Hamilton. 


290 

THE  WRITINGS  OF 

[1794 

TO  THOMAS  JEFFERSON. 

Phila.,  March  31,  1794. 

Dear  Sir, — The  embargo  passed  two  days  since  ^ 
. . . of  some  moment  in  the  character^  ...  of 

this  city  was  discovered  ^ . . . had  opposed  the  em- 

bargo on  Friday — and  on  Monday  introduced  the  prop- 
osition himself.  It  contained  a proviso  wch.  implied 
a right  that  those  vessels  wch.  had  already  obtained 
clearances  shod,  be  exempt  from  the  operation — but 
this  was  amended  in  the  Senate.  A vessel  of  his  was 
caught  near  the  capes  by  a French  Frigate  & sent 
up  with  a British  passport,  w’ch  had  cleared  out  on 
Saturday.  Propositions  for  sequestration  & organ- 
izing the  militia  are  dependant — an  Envoy  Extry. 
is  spoken  of  for  Britn. — & Hamilton,  Jay,  & King 
are  those  urged  by  that  party.  It  will  probably  be 
one  of  them  unless  there  shod,  be  found  a vote  for 
their  rejection  in  the  Senate  wch.  is  not  presumable. 
Either  will  answer  to  bind  the  aristocracy  of  this 
country  stronger  & closer  to  that  of  the  other. 

Yrs.  affecy.  Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Phila.,  April  2,  1794. 

Dear  Sir, — A committee  of  the  H.  of  R.  sits  daily 
to  provide  funds  for  equipping  the  fleet  & other 
measures  connected  with  the  exigency  of  the  times. 
They  have  finally  I believe  agreed  on  nothing  as  yet, 
tho’  the  fiscal  party  are  for  excises  on  tea  &c.  The 


^ Mutilated  in  the  original. 


1794]  JAMES  MONROE.  291 


citizen  party  are  for  a land  tax  but  seem  backward 
on  the  subject  in  every  view  : regret  that  an  occasion 
has  been  made  for  any  great  increase  ; this  subject 
will  take  time.  The  fiscal  party  say  to  the  other,  you 
have  taken  the  business  from  the  Tre’y.  department, 
shew  y’rselves  equal  to  it,  & bring  forward  some  sys- 
tem. The  latter  replies,  the  practice  of  reference 
has  been  condemned  by  the  publick  voice  as  other 
things  will  be  when  understood  ; the  rejection  of  it 
is  a triumph  of  the  people  and  of  the  constitution 
over  their  & its  abuse ; but  the  provision  of  taxes  is 
not  more  the  duty  of  those  who  have  been  active  in 
the  rejection  than  of  those  who  opposed  it.  If  it  is 
more  the  duty  of  one  than  of  the  other  side,  it  is  par- 
ticularly that  of  those  who  have  made  taxes  necessary. 
The  arrival  by  way  of  Halifax  of  an  acct.  of  some 
relaxation  in  \mutilated^  from  the  orders  of  the  8.  of 
Jany.  suspending  the  proceeding  on  the  sequestration 
of  debts.  A Mr.  Ross  from  Washington  is  elected 
in  the  place  of  Gallatin.  He  is  perhaps  not  alto- 
gether the  man  whom  the  republicans  would  have 
chosen,  but  by  them  he  was  elected  in  opposition  to 
one,  Coleman,  from  the  Southeastern  country. 

Sincerely  I am  yr.  friend  &servt.  Ja?  Monroe. 


TO  GEORGE  WASHINGTON.^ 

Philada.,  April  8,  1794. 

Sir, — Having  casually  heard  that  it  was  requested 
by  many  of  Colo.  Hamilton’s  political  associates,  that 


' This  letter  seems  to  have  raised,  for  the  first  time,  the  question  as  to  the 
right  of  a Senator  to  criticise  the  nomination  of  a public  officer  before  its  pre- 


292 

THE  WRITINGS  OF 

[1794 

you  would  nominate  him  as  Envoy  to  the  Court  of 
Great  Britain,  and  as  I should  deem  such  a measure 
not  only  injurious  to  the  publick  interest,  but  also 
especially  so  to  your  own,  I have  taken  the  liberty  to 
express  that  sentiment  to  you  & likewise  to  observe 
farther,  that  in  case  it  is  your  wish  I should  explain  to 
you  more  at  large  my  reason  for  this  opinion,  I will 
wait  on  you  at  any  hour  you  may  appoint  for  that 
purpose. 

With  great  respect  & esteem 

I am,  Sir,  Your  most  humble  servt. 

jAf  Monroe. 


TO  THOMAS  JEFFERSON. 

Phila.,  May  4,  1794. 

Dear  Sir, — Yours  of  April  24‘^  reached  me  yester- 
day. Since  my  last  the  proposition  of  Mf  Clarke  for 
prohibiting  the  importation  of  British  goods  until 
the  posts  shall  be  surrendered  & compensation  made 

sentation  to  the  Senate.  Washington  submitted  the  matter  to  the  Secretary  of 
State,  for  his  opinion.  Randolph’s  opinion  was  “ that  the  Secretary  of  State 
inform  Col.  Monroe  verbally,  that  his  station  entitles  his  communications  to 
attention  ; that  it  is  presumed,  that  he  has  considered  and  made  up  his  mind  as 
to  the  kind  of  interference,  which  a senator  ought  to  make  in  a nomination  be- 
forehand ; that  upon  this  idea  the  President  will  be  ready  to  afford  an  interview 
at  a given  time.”  Washington  did  not  accord  in  this  opinion,  and  wrote  Mon- 
roe, the  next  day,  ignoring  his  suggestion  of  a personal  interview,  but  at  the 
same  time  requesting  that  if  he  was  “possessed  of  any  facts  or  information 
which  would  disqualify  Colonel  Hamilton  for  the  mission,”  that  he  would 
“ communicate  them  in  writing.”  Monroe  was  not  alone  in  his  opposition  to 
Hamilton.  Washington  received  other  protests.  John  Nicholas  wrote  to 
Washington:  “I  confess  myself  astonished  to  hear  the  nomination  which  is 
made  for  this  office,  at  a time  when  perhaps  more  than  half  America  have  de- 
termined it  to  be  unsafe  to  trust  power  in  the  hands  of  this  person  however 
remotely  it  is  connected  with  many  of  the  odious  traits  in  his  character — at  a 


1794]  JAMES  MONROE.  293 


for  the  depredation  on  our  trade,  was  rejected  in  the 
Senate.  Upon  the  question  on  the  first  section  w^  de- 
termined the  fate  of  the  bill,  Jackson^  and  Bradley^ 
withdrew  which  left  us  ii.  only  against  14.  : in  conse- 
quence of  w^  every  sect,  was  negatived,  yet  a question 
was  notwithstanding  taken  whether  the  bill  sho^^  be 
read  a 3^^  time  and  in  favor  of  which  these  gent"  voted, 
& Ross  the  successor  of  Gallatin  taking  into  his  head 
now  to  withdraw,  the  house  was  equally  divided  & 
the  casting  vote  given  by  V.  President  agnst  it.^  Thus 
the  bill  was  lost,  the  most  mature  and  likely  to  suc- 
ceed of  all  the  propositions  respecting  G.  Britn.  w^ 
have  been  presented  before  the  legislature  during  the 
session.  Its  fate  may  be  ascribed  to  an  executive 
manoeuvre  ; for  whilst  it  was  depending  in  the  Repl 

time  when  at  least  one  half  the  Legislature  are  afraid  to  exert  themselves  in 
the  most  trying  situation  of  their  country,  lest  his  present  powers  should  enable 
him  to  wrest  them  to  purposes  which  he  is  supposed  by  them  to  entertain  & 
which  they  dread  more  than  the  open  attack  of  Great  Britain — at  a time  when 
this  person  is  the  avowed  friend  of  Great  Britain  in  the  most  infamous  contest, 
when  all  his  measures  have  tended  to  throw  this  country  into  her  arms  & 
many  entertain  suspicion  with  some  grounds  that  the  present  hostility  of  that 
country  to  this  is  partly  intended  to  aid  his  well  known  attachment  to  it — to 
appoint  him  to  an  office  in  which  he  could  immediately  and  successfully  advance 
his  purposes  would  be  to  stake  the  American  happiness  on  the  justice  of  one  of 
two  opinions  when  both  are  advocated  by  equal  numbers.  Every  man  in  a re- 
public is  a centinel  on  public  safety  and  the  warnings  of  danger  should  be  lis- 
tened to  rather  than  the  assurances  of  safety  from  the  importance  of  the 
consequences  which  may  follow.” 

* James  Jackson,  Senator  from  Georgia,  1793-95. 

* Stephen  R.  Bradley,  Senator  from  Vermont,  1791-95,  and  again  1801-13. 

^ “ It  was  not  on  this  single  occasion  that  questions,  to  which  great  impor- 
tance was  attached,  were  decided  by  the  Vice-President.  So  nearly  balanced 
were  parties  in  the  Senate,  that  it  was  frequently  the  fate  of  that  officer,  during 
the  present  session,  to  determine  points  in  which  both  the  administration  and 
its  opponents  took  a deep  interest.” — Marshall’s  Life  of  Washington^  vol.  v., 
P.  547. 


294 

THE  WRITINGS  OF 

[1794 

branch  & obviously  a great  majority  in  its  favor,  the 
nomination  of  Mf  Jay  was  introduc’d,  as  Envoy  Extr?" 
for  the  British  court/  From  that  moment  it  was 
manifest  the  measure  wo."^  be  lost,  and  altho’  it  passed 
the  other  branch  & perhaps  with  greater  vote  than 
would  have  been  the  case,  had  not  the  sense  of  the 
Senate  been  clearly  indicated  by  the  approbation  of 
the  nomination,  yet  it  was  plain  the  prospect  of  suc- 
cess was  desperate.  An  Extr?"  mission  was  a measure 
of  conciliation,  it  was  urged ; prohibitory  regulations 
were  of  a different  character  & wo^  defeat  its  object. 
Thus  you  find  nothing  has  been  carried  agnst  that 
nation,  but  on  the  contrary  the  most  submissive  meas- 
ure adopted  that  co?  be  devised,  to  court  her  favor  & 
degrade  our  character. 

Tis  said  that  the  Envoy  will  be  armed  with  extr^ 
powers,  & that  authority  to  form  a commer*:'  treaty 
will  likewise  be  comprized  in  his  instructions.  Under 
a similiar  power  upon  a former  occasion,  granted  too  by 
implication  only,  this  person  had  well  nigh  bartered 
away  the  Mississippi.  What  then  may  we  not  expect 
from  him  upon  the  present  crisis,  when  the  power  is 
expressly  granted  and  the  fortune  of  the  party  whose 
agent  he  is,  may  be  considered  as  hazarded  in  the 
success  of  his  mission  ? After  degrading  our  Country 


^ “ My  objects  are,  to  prevent  a war,  if  justice  can  be  obtained  by  fair  and 
strong  representations  (to  be  made  by  a special  envoy)  of  the  injuries  which  this 
country  has  sustained  from  Great  Britain  in  various  ways  ; to  put  it  into  a complete 
state  of  military  defence  ; and  to  provide  eventually  for  such  measures  as  seem 
to  be  now  pending  in  Congress  for  execution,  if  negotiation  in  a reasonable  time 
proves  unsuccessful.” — Washington  to  Edmund  Randolph,  on  Jay’s  nomination. 
Ford’s  Writings  of  George  Washington,  vol.  xii.,  p.  419. 


1794]  JAMES  MONROE.  295 


by  shewing  to  the  world,  that  they  were  more  willing 
to  confide  in  retribution  from  their  justice  & favor, 
than  from  the  strength  of  our  union  & the  decision  of 
our  councils,  will  this  man  return  baffled  in  the  enter- 
prize,  & seek  to  atone  for  himself  & those  who  sent 
him,  to  the  community,  by  owning  his  and  their  folly 
which  had  exposed  us  to  such  humiliation  ? And  when 
it  is  considered  that  Britain  contemplates  the  conquest 
of  the  French  & perhaps  afterwards  of  the  Sp^  Islands, 
& the  downfall  of  the  Sp’^  power  in  this  region  of  the 
world — a course  of  policy  which  will  part  her  not  only 
from  Sp”  but  perhaps  from  the  present  combination  of 
powers,  is  it  not  probable  she  will  be  disposed  to 
seek  an  alliance  here  as  well  for  the  purpose  of  aiding 
her  in  these  projects  as  detaching  us  from  France? 
Some  symptoms  of  discontent  have  already  appeared 
in  the  Sp"  cabinet,  and  these  it  is  probable  will  be  in- 
creased when  the  conquest  of  Brit"  in  the  Islands  is 
attended  to,  and  her  views  become  further  developed. 
The  circumstance  of  sending  an  envoy  to  negotiate  with 
EngF  at  the  time  that  the  Minister  of  France,  on  the 
ground  & cloathed  with  similar  powers,  is  only  amused 
with  acts  of  civility,  shews  that  a connection  with  the 
former  power  is  the  real  object  of  the  Executive. 

The  present  French  minister  expressed  lately  the 
wish  of  his  country  that  G.  Morris  sho"!  be  recalled  & 
in  consequence  arrangm*^^®  are  making  for  that  purpose. 
Being  forced  to  send  a republican  character  the  adm" 
was  reduc’d  to  the  dilemna  of  selecting  from  among 
its  enemies  or  rather  those  of  opposite  principles,  a 
person  who  wo"!  be  acceptable  to  that  nation.  The 


296 

THE  WRITINGS  OF 

[1794 

offer  of  the  station  has  been  presented  to  Chi'"  Living- 
ston as  I hear  in  a letter  written  by  the  President.^ 
Tis  tho^  he  will  accept  it.  Burr  s name  was  mentioned 
to  Randolph  but  with  the  success  that  was  previously 
expected,  indeed  it  was  not  urged  in  preference  to  the 
other,  but  only  noted  for  consideration.  I thank  you 
for  the  intelligence  respecting  my  farm  near  you.  I 
think  we  shall  adjourn  in  ab^  3 weeks  after  w*?  I shall 
immediately  proceed  home.  M.  joins  in  best 

wishes  for  yf  health  & that  of  yi:  family.  Sincerely, 
I am,  Dear  Sir,  your  friend  & servant 

Ja?  Monroe. 


TO  THOMAS  JEFFERSON. 

Phila.,  May  26,  1794. 

Dear  Sir, — The  session  begins  to  draw  to  a close. 
The  3d.  of  June  is  agreed  on  by  both  houses  as  the 
day  on  which  it  shall  end,  and  I believe  the  agree- 
ment will  be  executed.  The  inclosed  paper  will  shew 
you  the  state  of  things  with  Engl’d.  This  incursion  '^ 


* To  Robert  R.  Livingston,  April  29,  1794:  “Private.  Circumstances 
have  rendered  it  expedient  to  recall  Mr.  Gouv*;  Morris  from  his  mission  to  the 
Republic  of  France.  Would  it  be  convenient  and  agreeable  to  you  to  supply 
his  place  ? An  affirmative  answer  would  induce  an  immediate  nomination  of 
you,  for  this  appointment  to  the  Senate  ; and  the  signification  of  your  senti- 
ments relative  thereto,  as  soon  as  your  determination  is  formed,  would  oblige 
me  particularly,  as  it  is  not  expected  that  that  body  will  remain  much  longer  in 
session,”  May  loth,  Livingston  replied  to  Washington,  placing  his  reluctance 
to  accept  the  appointment  on  the  difficulty  of  making  immediate  arrangements 
for  a permanent  residence  abroad.  Washington’s  wish  was  to  accommodate 
Livingston,  as  far  as  the  public  service  would  permit.  May  14th,  Washington 
had  not  decided,  as  he  was  awaiting  Livingston’s  answer  to  his  question  : “What 
would  be  the  shortest  possible  time  necessary  for  his  preparations,” 

“ The  intelligence  which  has  been  received  this  morning  is,  if  true,  hostility 
itself.  The  President  of  the  United  States  has  understood,  through  channels 


1794]  JAMES  MONROE. 


into  our  country  has  no  pretext  to  be  call’d  or  con- 
sidered otherwise  than  an  actual  invasion  ; and  as 
such  I presume  it  will  be  treated  by  the  President 
whose  powers  are  competent  by  the  existing  law  to 
its  repulsion.  The  Govr.  of  Pennsyla.  has  a small 
force  within  i6  miles  of  Presque  Isle,  & intends  tak- 
ing possession  of  the  latter  post.  Within  a few  days 
past  however  it  has  been  notified  to  him  by  some 
Indians  that  it  will  be  opposed,  and  in  consequence 
thereof  he  has  ordered  out  looo  of  the  western  militia 
to  secure  the  lodgment.  I suspect  however  these 
movements  were  dictated  in  Nov’r.  last  and  sho’d  not 
be  considered  as  an  indication  of  the  temper  of  the 
Engl  h.  Ct.  at  present.  They  may  even  be  disavowed 
if  a change  in  circumstances  requires  it.  The  inci- 
dent has  been  seized,  you  will  observe,  as  a ground 
for  pressing  an  increase  of  the  military  force,  in  con- 
sequence of  which  a proposition  was  immediately  in- 
troduced into  the  Senate  for  authorizing  the  President 
to  raise  10,000  additional  troops  under  provisions 
more  popular  than  those  rejected  in  the  Rep’s,  and  of 
course  more  likely  to  succeed  even  there.  In  the 
Senate  it  will  pass  immediately,  for  the  republican 
party  is  entirely  broken  in  that  branch.  Thus  it  re- 
sults that  thro’  the  influence  of  the  Executive  aided 
by  the  personal  weight  of  the  President,  the  republi- 
can party  notwithstanding  its  systematic  & laborious 
efforts  has  been  able  to  accomplish  nothing  which 

of  real  confidence,  that  Governor  Simcoe  has  gone  to  the  foot  of  the  rapids  of 
the  Miami,  followed  by  three  companies  of  a British  regiment,  in  order  to  build 
a fort  there.” — The  Secretary  of  State  to  Mr.  Hammond,  May  20,  1794.  Am. 
State  Papers — Foreign  Relations,  vol.  i.,  p.  461. 


298 

THE  WRITINGS  OF 

[1794 

might  vindicate  the  honor  or  advance  the  prosperity 
of  the  country.  I believe  I intimated  to  you  in  my 
last  that  the  President  had  offered  to  Mr.  Livingston, 
after  the  refusal  of  Mr.  Madison,  the  legation  to 
France  in  the  place  of  Gr.  Morris  who  would  be  re- 
called. That  Colo.  Burr  had  been  a competitor. 
Since  that  time  Livingston  has  declined  and  Burr  has 
continued,  under  auspices  very  favorable  to  his  suc- 
cess, sole  candidate.  Present  appearances  authorize 
the  belief  he  will  be  appointed.  Of  course  he  goes 
as  a republican  and  I am  inclined  to  think  the  Presi- 
dent supposes  he  lays  that  party  under  obligations  to 
him  for  the  nomination,  for  I am  persuaded  in  addi- 
tion to  other  considerations  he  really  surmounts  some 
objections  of  a personal  nature  in  making  it.^  But 
when  it  is  known  that  the  Jersey  members.  Judge 
Patterson  &c.  have  promoted  his  interest,  our  confi- 
dence in  the  steadiness  of  his  political  tenets  will  not 
be  increased.  We  shall  be  with  you  as  soon  as  pos- 
sible after  the  adjournment.  Sincerely  I am  yr.  friend 
& servt.  Ja!  Monroe. 

As  Mr.  M.  gives  you  the  paper  containing  the 
correspondence  referred  to,  and  the  others  contain 
nothing,  I send  none. 


’ The  Secretary  of  State  to  Washington,  May  22d  : “ E.  Randolph  has  the 
honor  of  returning  to  the  President,  the  list  which  was  yesterday  put  into  his 
hands  ; and  at  the  same  time  incloses  a letter  from  Mr.  Frelinghuysen  as  to  Mr. 
Burr.  In  a conversation  with  Mr.  Madison,  his  opinion  appears  to  be  decided, 
that  the  Constitution  does  not  incapacitate  Mr.  Burr  ; and  that  he  is  a proper 
person.  An  objection  seems  to  be  ready  in  the  mouth  of  some  for  young 
Adams  ; as  being  the  author  of  some  pieces,  signed  Publicola,  about  two  years 
ago. — Fauchet  did  not  appear  to  know  Franklin,  nor  his  character  ; nor  yet  to 
feel  any  attachment  to  him.” 


1794]  JAMES  MONROE.  299 


TO  JAMES  MADISON. 

Phila.,  May  26,  1794. 

Dear  Sir, — I have  been  with  Mr.  Randolph  & have 
given  him  no  final  answer.  The  fact  appears  to  be 
that  the  message  to  me  was  directly  from  the  President, 
so  that  a decision  settles  it — He  has  also  had  an  in- 
terview with  Mr.  Dayton. 

May  I request  of  you  to  go  to  Mr.  Randolph,  & 
settle  the  matter  with  him.  I promised  him  you  wo’d 
in  the  course  of  an  hour.  If  it  has  not  the  appro- 
bation of  my  few  friends  & yourself  in  particular,  I 
certainly  will  decline  it. — Weigh,  therefore,  all  circum- 
stances & paying  as  little  regard  to  private  considera- 
tions as  sho’d  be,  tell  him  for  me  what  answer  to 
give — I write  in  haste  in  the  Senate,  being  engaged 
on  the  balance  bill  ^ — Y’r  friend  & servt, 

jAf  Monroe. 

An  answer  must  be  given  the  President  imme- 
diately. 


TO  THOMAS  JEFFERSON. 

Phila.,  May  27,  1794. 

Dear  Sir, — Early  yesterday^  morning  & immedi- 
ately after  my  last  was  written  I was  called  on  by 
Mr.  R.  to  answer  the  question  “whether  I wod. 
accept  the  legation  to  France?”  The  proposition  as 
you  will  readily  conceive  surprised  me,  for  I really 
thought  I was  among  the  last  men  to  whom  it  wod. 

^ Making  provision  for  the  payment  of  the  interest  on  the  balances  due  to  cer- 
tain States  upon  a final  settlement  of  the  accounts  between  the  United  States 
and  the  individual  States.  ® Monday. 


300 

THE  WRITINGS  OF 

[1794 

be  made,  & so  observed.  He  said  the  President  was 
resolved  to  send  a republican  character  to  that  nation  ; 
that  Mr.  Madison  & Chf  Livingston  had  refused,  that 
he  wod.  not  appoint  Colo.  Burr,  lest  it  shod,  seem  as 
if  he  sought  persons  from  that  state  only,  & probably 
it  would  not  have  been  offered  to  L.  but  on  acct.  of 
his  having  been  in  the  department  of  foreign  affairs 
Si.  under  these  circumstances  & considerations  he  was 
desired  by  the  President  to  call  on  me  & ascertain 
whether  I wod.  act.  As  I had  espoused  B.  I told 
Mr.  R.  I could  not  even  think  on  the  subject  whilst 
there  was  a prospect  of  his  success.  He  assured  me 
he  was  out  of  the  question,  & if  I declined,  it  wod. 
probably  be  offered  to  Govr.  Paca  of  Maryld.  or 
some  person  not  yet  thot.  of.  That  he  would  satisfy 
the  friends  of  Colo.  Burr  on  this  head.  Before  I 
wod.  consult  my  friends  I requested  that  this  be 
done — & in  consequence  the  above  assurance  was 
given  some  of  them,  & I presume  they  were  satisfied. 
This  point  of  delicacy  being  removed,  I then  desired 
Mr.  Madison  in  conference  with  a few  of  our  friends 
to  determine  what  answer  shod,  be  given  to  the 
proposition.  The  result  was  that  I sho’d.  accept 
upon  the  necessity  of  cultivating  France  ; & the  un- 
certainty of  the  person  upon  whom  it  might  otherwise 
fall.  An  answer  was  accordingly  given  last  evening 
to  the  President  to  that  effect,  & the  nomination  sent 
in  to-day.  I have  not  attended  nor  shall  I till  after 
that  body  shall  be  pleased  to  decide  upon  it.  If  ap- 
proved, it  is  wished  that  I embark  immediately  for 
France.  I am  however  extremely  anxious  to  visit 


/AMES  MONROE. 


1794] 


301 


Albemarle  before  I set  out  taking  Mr.  Jones  in  my 
way.  But  whether  I shall  be  able  to  visit  either  of 
you  is  uncertain,  & will  depend  in  a great  measure 
upon  the  practicability  of  getting  a vessel  about  to 
sail,  in  a term  short  of  the  time,  it  will  take  me  to 
perform  the  journey — upon  this  head  however  I can 
say  nothing  until  the  nomination  is  decided  on,  nor 
can  I say  how  the  decision  will  be,  for  my  services  in 
the  Senate  have  given  me  but  little  claim  to  the  per- 
sonal regards  of  the  reigning  party  there.  I suspect 
the  nomination  created  as  great  a surprise  in  that 
house  as  the  proposition  to  me  did,  yesterday  morn- 
ing. As  yet  I have  not  seen  the  President — I shall 
write  you  more  fully  in  my  next — With  great  respect 
& esteem  I am 

Yr.  affectionate  friend  & servant 

Ja?  Monroe. 

Govr.  Mifflin’s  movement^  has  been  suspended  by 
the  President. 


TO  GEORGE  WASHINGTON.^ 

Philadelphia,  June  i,  1794. 

I was  presented  yesterday  by  Mr  Randolph  with 
the  commission  of  Minister  for  the  French  Republic, 
which  you  were  pleased,  with  the  approbation  of  the 
Senate,  to  confer  on  me.  As  I had  previously  in- 
timated to  him  my  willingness  to  accept  that  trust,  I 
have  only  now  to  request  that  you  will  consider  me  as 

* Against  the  British,  ante,  p.  296. 

* From  Monroe’s  retained  draft,  the  original  not  being  among  the  Washington 
Papers. 


302 

THE  WRITINGS  OF 

[1794 

ready  to  embark  in  the  discharge  of  its  duties  as  soon 
as  I shall  be  honored  with  your  commands  and  a 
suitable  passage  can  be  secured  for  myself  & family 
to  that  country. 

In  accepting  this  very  distinguished  mark  of  your 
confidence,  I should  do  injustice  to  my  own  feelings 
if  I did  not  express  to  you  the  particular  obligation 
it  has  conferred  on  me,  and  assure  you  of  the  zeal 
with  which  I shall  endeavour  to  discharge  the  duties 
of  so  high  a trust  in  a manner  that  may  justify  the 
Executive  in  committing  it  to  me.  On  that  zeal  but 
principally  on  the  councils  which  will  direct  my  con- 
duct I rely,  as  the  resources  which  are  to  supply  the 
inadequacy  of  my  abilities  to  a station  at  all  times  im- 
portant and  at  the  present  crisis  peculiarly  arduous 
and  delicate.  Be  assured  however  it  will  be  my  study 
& give  me  the  highest  gratification  to  have  it  in  my 
power  to  promote  by  my  mission  the  interest  of  my 
country  & the  honor  & credit  of  your  administration 
which  I deem  inseparably  connected  with  it. 


TO  THOMAS  JEFFERSON. 

Phila.,  June  6,  1794. 

Dear  Sir, — Since  my  appointment  I have  been  ex- 
tremely occupied  in  a variety  of  respects — I had  like- 
wise flatter’d  myself  with  the  hope  I shod,  see  you 
before  my  departure  till  within  a day  or  two  past — 
but  of  this  I now  begin  to  despair.  I shall  sail  from 
Baltimore,  for  which  place  I set  out  in  4 days  hence. 
’T  is  possible  the  vessel  may  not  be  ready  altho’  I am 


1794]  /AMES  MONROE.  303 


advised  she  is.  I feel  extremely  anxious  upon  the  sub- 
ject of  a cypher — our  former  one  is  in  a small  writing 
desk  at  my  house.  Can  you  get  it  & send  it  after  me 
in  case  I do  not  see  you  before  I sail  ? Danton  has 
been  executed, — the  charge  the  plunder  of  publick 
money — the  King  of  Prussia  withdrawn — & the  Brit- 
ish driven  from  Corsica — I will  write  by  the  several 
succeeding  posts  whilst  I stay 

I am  yr.  affectionate  friend  & servt. 

Ja?  Monroe. 


( 


APPENDIX  I. 


305 


APPENDIX  1. 

SOME  OBSERVATIONS  ON  THE  CONSTITUTION,  8lC.^ 
Gentlemen, 

When  you  did  me  the  honour  to  elect  me  into  the  Convention, 
to  decide  for  you  upon  the  constitution  submitted  to  the  states 
from  Philadelphia,  I had  not  at  that  time  examined  it  with  that 
attention  its  importance  required,  and  of  course  could  give  you  no 
decided  opinion  respecting  it.  Other  cares  had  unavoidably  taken 
my  attention  from  it.  After  you  had  reposed  that  trust  in  me  it 
became  my  duty  to  pay  it  a more  serious  attention.  Having  given 
it  the  best  investigation  that  my  limited  capacity  is  capable  of, 
and  perhaps  formed  in  some  measure  my  opinion  respecting  it, 
subject  however  to  alteration  when  I shall  be  convinced  that  I am 
in  an  error,  I should  think  myself  unpardonable  if  I witheld  it  from 
you.  To  you  it  belongs  to  approve  or  correct  this  opinion,  for 

* Containing  Monroe’s  objections  to  the  Constitution,  intended  to  have  been 
addressed  to  his  constituents  eight  or  ten  days  before  the  meeting  of  the  Virginia 
Convention.  He  considered  it  loosely  drawn  and  suppressed  it  for  this  reason 
as  well  as  on  account  of  the  delay  and  incorrectness  of  the  printer.  (See  his 
letter  to  Jefferson  of  July  12,  1788,  page  188).  The  copy  from  which  this  print 
is  made  is  a small  4°,  pp.  24.  pages  i and  2 with  title  (?)  missing.  It  was  found 
very  recently  by  Mr.  John  P.  Weissenhagen,  of  the  Bureau  of  Rolls  and  Library, 
Department  of  State.  Its  existence  has  been  hitherto  unknown,  for  it  is  not  to 
be  confounded  with  the  defence  (Appendix  II).  On  this  unique  copy  is  pasted 
a half  sheet  of  paper,  apparently  part  of  a wrapper,  on  which  is  addressed  in 
an  unknown  handwriting:  “ Hon^'®  James  Monroe,  Oak  Hill,  Loudon  County, 
Virginia.”  On  this  same  sheet  is  written  in  another  hand  : “ Mr.  Monroe’s 
Pamphlet  Convention  1788,”  and  also  these  words,  in  Monroe's  handwriting  : 
“ erasures  made  in  some  instances  improperly.”  I query  whether  this  copy  be 
not  that  sent  by  the  printer  to  Mr.  Monroe  and  hurriedly  corrected  by  him. 
The  other  copies  being  suppressed  leaves  this  in  all  probability  the  only  one  in 
existence.  (Compare  with  note  to  Appendix  II.) 


307 


( 30^  THE  WRITINGS  OF  JAMES  MONROE. 


although  it  would  give  me  pain  to  be  compelled  to  take  a course 
which  my  own  mind  did  not  approve,  yet  I have  too  high  a re- 
spect for  your  rights,  too  just  a sense  of  my  duty,  and  too  strong 
an  impression  of  gratitude  for  the  confidence  you  have  reposed  in 
me,  to  act  contrary  to  your  wishes.  Under  this  impression  I have 
thought  proper  to  make  to  you  the  following  unreserved  commun- 
ication of  my  sentiments  upon  this  all  important  subject. 

It  will  readily  occur  to  you  that  this  plan  of  government  is  not 
submitted  for  your  decision  in  an  ordinary  way  ; not  to  one  branch 
of  the  government  in  its  legislative  character  and  confined  under 
the  constitution  to  the  sphere  it  has  assigned  it  ; but  to  the  peo- 
ple to  whom  it  belongs  and  from  whom  all  power  originates,  in 
convention  assembled.  In  this  situation  your  present  state  con- 
stitution was,  or  should  have  been,  formed,  and  in  this  situation 
you  are  of  course  able  to  alter,  or  change  it  at  pleasure.  You  are 
therefore  to  observe  that  whatever  act  you  now  enter  into,  will  be 
paramount  to  all  others  either  of  law  or  constitution,  and  that  in 
adopting  this  it  becomes  in  reality  the  constitution  of  the  state, 
and  binding  on  you  as  such.  Whether  it  will  absolutely  annul  and 
do  away  that  of  the  state  is  perhaps  doubtful  ; my  own  apprehen- 
sion is  it  will  not,  except  in  those  cases  wherein  they  disagree  ; in 
these  it  will  of  course  prevail,  and  controul  all  the  departments  of 
the  state  government,  being  the  ulterior  act  of  the  people.  You 
will  therefore  perceive  it  is  a subject  of  great  extent  and  import- 
ance upon  which  you  have  to  decide,  and  that  you  owe  it  to  your 
country,  yourselves,  and  posterity,  that  it  be  well  examined  in  all 
its  consequences  before  it  is  determined. 

When  we  contemplate  the  causes  that  might  probably  have  con- 
tributed to  make  it  necessary  to  submit  to  your  decision  the  pro- 
priety of  such  a change  in  your  political  situation,  we  are  naturally 
led  into  one  of  the  following  conclusions — either  that  the  morals 
of  the  people  have  become  corrupted — that  the  passions  of  man- 
kind by  nature  render  them  unfit  for  the  enjoyment  of  equal 
liberty,  or  that  the  form  of  the  government  itself  under  which  we 
live  is  radically  defective,  and  capable  of  such  improvement,  as 
will  extend  to  us  its  blessings  in  a higher  degree,  and  make  them 
of  longer  duration.  Believing  firmly  that  the  body  of  the  people 
are  virtuous,  at  least  sufficiently  so  to  bear  a free  government  ; 


APPENDIX. 

309 

that  it  was  the  design  of  their  Creator  in  forming  such  an  order 
of  beings  that  they  should  enjoy  it,  and  that  it  is  only  by  a strange 
and  unaccountable  perversion  of  his  benevolent  intentions  to  man- 
kind, that  they  are  ever  deprived  of  it,  I will  proceed  to  examine 
the  latter  hypothesis  which  supposes  such  defects  in  the  present 
form,  as  to  make  a change  advisable.  If  we  find  that  they  really 
do  exist,  I will  then  proceed  to  suggest  such  remedies  as  will  en- 
able us  comparatively  to  determine  on  the  merits  of  that  supposed 
to  be  substituted  in  its  stead.  I feel  myself  deeply  impressed  with 
the  importance  of  this  undertaking  and  am  too  well  acquainted 
with  my  own  inability,  even  to  hope  that  I shall  conduct  myself 
with  propriety  through  it  ; but  from  a sincere  desire  to  establish 
a perfect  good  understanding  between  us,  and  prevent  the  possi- 
bility of  any  future  anxiety  on  this  subject,  I find  myself  con- 
strained however  painful  it  may  be,  and  however  ungracefully  I 
may  do  it,  not  only  to  avow  my  sentiments  respecting  it,  but  the 
principles  on  which  they  are  founded. 

The  present  states  were  separate,  from  their  first  colonial  estab- 
lishment until  the  encroachments  of  Great  Britain,  compelled 
them  into  an  union  for  their  defence.  But  as  their  combined 
efforts  soon  promised  to  erect  them  into  independent  governments, 
the  consideration  which  had  united  them  for  a time,  and  for  the 
accomplishment  of  one  object  only,  became  perpetual,  and  the 
wisdom  of  their  councils  suggested  the  propriety  of  provisions  that 
would  secure  them  from  like  dangers  forever — under  this  impres- 
sion they  entered  into  the  articles  of  confederation  on  the  — day 
of 178  . To  this  instrument  or  bond  of  union  there- 

fore we  are  to  look  for  the  strength,  or  imbecility,  for  the  perfec- 
tion or  demerits,  of  the  present  foederal  government.  As  this  is 
the  system  whose  defects  we  have  to  remedy,  it  will  be  proper  to 
present  to  your  view  concisely  a summary  of  its  powers. 

The  powers  which  have  been  given  by  these  articles  of  agree- 
ment or  confederation  to  the  general  government  are  extensive. 
They  are  to  be  found  principally  in  the  9th  and  the  6th  articles, 
in  the  former  positively,  and  in  the  latter  negatively  by  a qualifi- 
cation of  the  rights  of  the  individual  states.  By  the  9th,  the 
United  States  are  authorized  to  make  war  and  peace — send  and 
receive  ambassadors — enter  into  treaties  with  alliances,  provided 


310  THE  WRITINGS  OF  JAMES  MONROE. 


that  no  treaty  of  commerce  shall  be  made  whereby  the  legislature 
of  the  respective  states  shall  be  restrained  from  imposing  such 
duties  on  foreigners  as  their  own  people  are  subject  to,  or  from 
prohibiting  the  importation  or  exportation  of  any  species  of  goods 
or  commodities  whatsoever — establishing  rules  for  deciding  what 
captures  shall  be  legal  by  land  and  water,  and  how  appropriated  ; 
grant  letters  of  marque  and  reprisal  in  time  of  peace — appoint 
courts  for  determining  finally  in  all  cases  of  captures  ; appoint 
courts  for  the  decision  of  territorial  controversies  between  states 
and  individuals  claiming  lands  under  different  grants  from  two 
or  more  states,  whose  jurisdictions  respecting  such  lands  have 
already  been  adjusted  by  the  said  court, — coin  and  regulate  ex- 
clusively the  value  of  coin  throughout  the  United  States — fix  the 
standard  of  weights  and  measures — regulate  the  trade  with  the 
Indians  not  members  of  a particular  state — establish  and  regulate 
post-offices — appoint  all  officers  of  land  and  sea  forces,  except 
regimental ; make  rules  for  their  government  and  regulation  and 
direct  their  operations — ascertain  the  necessary  sums  of  money  to 
be  raised  for  the  service  of  the  United  States,  appropriate,  and 
apply  the  same — borrow  money  and  emit  bills  of  credit  on  the 
faith  of  the  United  State — build  and  equip  a navy — agree  on  the 
number  of  land  forces  and  make  requisitions  for  the  same.  Pro- 
vided that  none  of  the  said  powers  shall  be  exercised  without  the 
consent  of  nine  states.  By  the  6th,  the  individual  states  are  pro- 
hibited from  sending  or  receiving  embassies,  entering  into  confer- 
ences, treaties  or  alliances  with  any  foreign  power,  and  the  servants 
of  the  United  States  or  individual  states  from  holding  offices  of 
profit  or  trust  under  any  foreign  prince  or  potentate  whatever — 
from  partial  confederacies  without  consent  of  Congress — from 
keeping  up  troops  or  vessels  of  war  in  time  of  peace  except  such 
as  shall  be  approved  by  Congress — entering  into  a war  with  a 
foreign  power  unless  invaded  by  an  enemy — from  granting  letters 
of  marque  or  reprisal  except  after  declaration  of  war  by  the  United 
States  and  then  under  particular  restrictions  only. 

These  articles  give  all  the  efficient  powers  to  the  United  States — 
The  I St,  3d,  4th,  7th,  and  8th,  although  they  establish  some  funda- 
mental principles  on  which  the  government  is  to  move,  and  es- 
pecially the  8th  the  rule  of  apportionment,  yet  they  give  no  real 


APPENDIX. 


311 


power ; they  are  rather  the  rule  by  which  the  power  already  given 
is  to  be  used  than  that  they  give  any  themselves.  The  loth,  nth, 
12th  and  13th,  fall  still  more  under  this  exception  or  regulate 
other  inferior  objects  of  compact.  But  the  2d  and  5th  are  of  a 
different  impression.  By  the  former,  each  state  retains  its  sover- 
eignty, freedom  and  independence,  and  every  power,  jurisdiction 
and  right,  not  expressly  delegated  to  the  United  States,  and  by 
the  latter,  that  of  appointing,  continuing,  or  removing  its  own 
delegates  at  pleasure.  These  are  the  powers,  and  this  the  form, 
of  the  present  government. 

An  attentive  view  of  the  subject  will  satisfy  us  that  these  powers 
are  really  great  and  extensive  ; they  appear  to  have  contemplated 
the  greater  part  of  those  concerns  wherein  it  might  be  supposed 
they  had  a national  interest.  Having  made  the  United  States  the 
sovereign  arbiters  of  war  and  peace,  given  them  the  right  to  re- 
quire men  and  money,  equip  fleets  and  armies,  to  send  and  receive 
ambassadors,  make  treaties  of  alliance  and  commerce,  with  the 
very  extensive  catalogue  which  I have  already  enumerated,  except 
the  regulation  of  trade  there  seemed  to  be  little  left  of  external 
policy  to  the  individual  states.  It  is  not  my  object  to  enquire 
here  whether  these  powers  should  be  more  extensive.  I may  in 
the  course  of  these  observations  ; at  present  I shall  examine  more 
particularly  the  effect  or  operation  of  a government  organized 
like  this. 

It  is  to  be  observed  that  by  the  2d  article  the  individual  states 
retain  their  respective  sovereignties,  jurisdictions  and  rights  in  all 
cases  not  expressly  ceded  to  the  confederacy.  And  by  the  5th 
they  reserve  the  right  of  appointing,  continuing  or  removing  their 
respective  delegations  at  pleasure.  To  these  articles  we  are  to 
look  for  the  tone  and  character  of  this  government,  for  upon  these 
does  its  good  or  bad  qualities  depend.  It  is  upon  this  point,  that 
the  present  commotion  hath  taken  place  in  America,  and  upon 
the  merits  of  which  we  have  to  decide. 

The  deputies  from  each  state  being  amenable  for  their  conduct, 
and  depending  on  it  for  their  hopes  and  prospects,  necessarily 
negociate  for  its  interests.  This  property  or  distinction  pervades 
the  whole  body,  and  thus  their  general  council  or  the  Congress 
becomes  a diplomatick  corps,  or  a corps  formed  of  ministers  or 


THE  WRITINGS  OF  JAMES  MONROE. 


312  ^ 


representatives  from  sovereign  states  acting  for  whatever  may  be 
the  powers  of  the  union  over  the  several  members  that  compose 
it,  will  be  to  shield  itself  from  the  common  burdens  of  the  govern- 
ment ; and  to  effect  this  all  the  arts  of  intrigue  and  negociation 
will  be  constantly  exerted.  What  is  the  obvious  course  of  a gov- 
ernment organised  on  such  principles  ? Are  not  the  seeds  of 
dissolution  deeply  engrafted  in  it  ? The  most  powerful  principles 
of  human  action  the  hope  of  reward  and  the  fear  of  punishment 
are  in  the  hands  of  each  state,  and  whilst  mankind  are  subject  to 
their  influence,  or  the  passions  and  affections  of  the  human  heart 
continue  as  they  have  been,  its  course  will  always  be  the  same. 

( This  government  it  is  manifest  can  never  be  an  efficient  one. 
Strong  necessity  and  emminent  danger  may  make  it  so  occa- 
sionally, but  whenever  this  cause  ceases  to  operate,  its  repellant 
principles  will  prevail.  If  this  position  is  just,  I am  perhaps  right 
in  supposing  it  a consequence  necessarily  resulting  from  it  that  the 
stronger  the  powers  of  the  government  are,  the  more  repellent  will 
its  qualities  be,  and  the  sooner  its  dissolution  ; at  least  certain  it  is 
that  the  conflict  between  the  general  and  state  governments,  will  be 
proportionally  more  violent,  and  its  or  their  ruin  the  sooner  accom- 
plished, for  it  must  soon  terminate  either  in  that  of  the  one  or  the 
other,  I mean  as  an  efficient  government.  The  higher  toned  those 
of  the  states  were  the  more  rapid  would  the  progress  be.  I think 
I may  venture  to  affirm  that  a confederacy  formed  of  principali- 
ties would  not  last  long,  for  the  pride  of  princes  would  not  brook 
those  familiarities  and  insults  which  a free  discussion  of  rights 
and  interests,  especially  if  they  interfere,  sometimes  unavoidably 
occasions  ; and  when  an  absolute  prince  takes  offence  he  wields 
the  state  with  him.  But  this  is  not  the  case  with  democracies,  for 
although  their  chief  magistrates  may  be  offended,  yet  it  is  difficult 
for  them  to  communicate  at  the  same  time,  the  same  passions  and 
dispositions  to  the  whole  community  which  they  themselves  pos- 
sess. This  is  a caution  however  which  I hope  it  is  not  necessary 
to  suggest  here,  for  I am  satisfied  the  state  governments  will  never 
take  this  turn  of  themselves,  nor  whilst  that  of  the  confederacy  is 
preserved  and  properly  supported.  But  to  carry  this  government 
a little  further  into  practice. 

Let  us  submit  the  concerns  and  interests  of  different  states  or 


APPENDIX. 


313 


individuals  within  them  to  this  corps  formed  of  representatives 
from  each  negociating  for  that  to  which  they  respectively  belong, 
and  what  kind  of  justice  may  we  expect  from  its  decisions  ? If 
magazines  were  to  be  established  or  troops  raised  and  stationed 
in  some  quarter  of  the  union  for  public  defence,  might  we  not 
expect  that  these  arrangements  would  take  stronger  byas,  from 
the  combination  of  the  day,  than  any  sentiment  of  propriety  ? If 
states  or  individuals  within  them  had  claims  founded  on  the  same 
principles  with  those  upon  which  a decision  had  already  been  had 
in  favour  of  others,  are  we  to  calculate  with  certainty  upon  a 
similar  decree  ? In  short  apply  it  to  every  case  that  may  possibly 
arise,  either  of  states  or  individuals,  in  the  full  scope  of  its  powers, 
and  we  shall  find  its  decisions  depend,  more  upon  negociation, 
the  bargain  of  the  day,  than  any  established  maxim  of  justice  or 
policy. 

On  the  other  hand  how  are  its  treaties,  laws,  or  ordinances  to 
be  carried  into  effect  ? Are  they  of  authority  and  in  force  imme- 
diately within  the  states  as  soon  as  they  are  passed  ? Or  does  it 
require  the  intervention  of  a state  law  to  give  them  validity  ? And 
if  the  law  is  necessary  may  not  the  state  refuse  to  pass  it,  and  if 
she  does  how  shall  she  be  compelled  ? It  is  well  known  from  the 
practice  of  all  the  states  in  the  confederacy  that  no  act  of  Con- 
gress, of  what  nature  soever  it  may  be,  is  of  force  within  them, 
until  it  is  recognized  by  their  own  legislatures  ; prior  to  that  event 
it  is  a nullity,  and  to  that  only  does  it  owe  its  authority.  This 
view  of  the  subject  demonstrates  clearly  that  the  present  govern- 
ment, in  its  ordinary  administration,  though  a league  of  inde- 
pendent states  for  common  good,  and  possessed  of  extensive 
powers,  must  always  be  void  of  energy,  slow  in  its  operation, 
sometimes  oppressive,  and  often  altogether  suspended — that  it 
can  never  be  calculated  on  by  foreign  powers,  and  of  course  that 
they  will  form  no  treaties  or  compacts  whatever  with  it,  that 
stipulate  anything,  at  least  on  equal  terms,  that  in  fine  very  little 
dependence  can  be  placed  in  it  by  the  states  themselves,  for  des- 
titute of  the  power  of  coercion,  to  say  nothing  as  to  the  justice  or 
propriety  of  the  measures  themselves,  these  will  not  be  forward  to 
comply  with  its  demands,  whilst  those  may  refuse  with  impunity. 
On  the  other  hand  the  illustrious  event  which  hath  placed  them 


314  THE  WRITINGS  OF  JAMES  MONROE. 


in  the  rank  of  independent  states  demonstrates  with  equal  cer- 
tainty, that  it  is  competent  to  external  defence,  and  perfect 
security  from  abroad,  for  how  otherwise  could  it  have  been 
atchieved  ? These  are  the  defects  or  the  principal  defects  of  the 
present  government,  and  they  are  inseparable  from  a league  of 
independent  states,  for  to  that  circumstance,  and  that  alone  they 
are  to  be  attributed.  We  have  then  to  weigh  these  evils,  and  com- 
pare them  with  the  probable  benefits  and  dangers  that  may  ac- 
company a change,  and  then  see  in  which  scale  the  balance 
preponderates. 

It  may  be  now  asked  are  we  reduced  to  this  alternative  either 
to  subvert  the  state  sovereignties  or  submit  to  these  evils  ? Is  the 
state  sovereignty  a vain  and  illusory  hope,  is  it  incompatible  with 
its  own  and  the  general  interests  of  the  confederacy  ? Or  is  there 
any  other  alternative  ? The  practice  of  nations  and  the  field  of 
enquiry  is  open  before  us,  and  we  have  everything  that  is  sacred 
and  dear  to  mankind  depending  on  the  event.  Two  species  of 
remedy  only  present  themselves  to  my  mind,  and  these  contem- 
plate either  a complete  annihilation  of  the  state  governments,  or 
a partial  one  with  considerable  reduction  of  their  powers.  A 
complete  annihilation  and  the  organization  of  a general  govern- 
ment over  the  whole,  would  unquestionably  remove  all  the  objec- 
tions which  have  been  stated  above,  and  apply  to  it  as  a foederal 
government  ; and  I will  be  free  to  own  that  if  it  were  in  reality 
a practicable  thing,  there  is  no  object  which  my  mind  has  ever 
contemplated,  the  attainment  of  which  would  give  it  such  high 
gratification.  To  collect  the  citizens  of  America,  who  have  fought 
and  bled  together,  by  whose  joint  and  common  efforts  they  have 
been  raised  to  the  comparatively  happy  and  exalted  theatre  on 
which  they  now  stand  ; to  lay  aside  all  those  jarring  interests  and 
discordant  principles,  which  state  legislatures  if  they  do  not  create, 
certainly  foment  and  increase,  arrange  them  under  one  govern- 
ment and  make  them  one  people,  is  an  idea  not  only  elevated  and 
sublime,  but  equally  benevolent  and  humane.  Whether  it  contains 
within  it  a territory  as  extensive  as  the  Russian  or  German  em- 
pires, or  is  confined  in  its  operation  to  the  narrow  scale  of  their 
smallest  principalities  or  provinces,  yet  it  is  the  business  of  state 
legislation  to  pursue  its  destined  course  “ the  interests  of  those 


APPENDIX. 


who  live  under  it.”  For  a legislature  to  contemplate  other  ob- 
jects, and  make  a sacrifice  of  their  own  for  the  good  of  other 
people,  or  even  decline  availing  itself  of  the  legitimate  exercise  of 
its  powers  for  that  purpose,  upon  every  opportunity  which  chance 
or  fortune  may  present  in  its  way,  is  a degree  of  liberality  to  which 
the  human  heart  hath  not  as  yet  attained.  A society  of  philosophers 
of  the  ancient  stoick  sect  might  perhaps  be  capable  of  such  ex- 
tended philanthropy, but  this  sect  is  now  altogether  at  an  end,  and  at 
its  height,  never  formed  but  an  inconsiderable  part  of  any  com- 
munity, and  was  by  all  the  rest  of  the  world  considered  as  affecting 
objects  without  the  pale  of  human  nature.  How  much  more 
delightful  therefore  is  it  to  the  mind  to  contemplate  one  legisla- 
ture organized  over  the  whole  continent,  containing  all  the  free 
inhabitants  of  the  American  states  within  it,  nourishing,  protect- 
ing, and  promoting  their  interests  in  every  line  and  extending 
its  genial  influence  to  every  part  ; commerce  flourishing,  arts 
increasing,  lands  rising  in  value,  with  all  those  other  happy  con- 
comitants that  attend  a well  formed  and  wisely  directed  govern- 
ment, than  thirteen  different  legislatures,  in  pursuit  of  local 
objects,  acting  upon  partial  and  confined  considerations,  without 
system  or  policy,  jealous  of  their  particular  rights,  dissatisfied 
with,  and  preying  upon  each  other.  If  it  were  practicable,  I 
should  embrace  this  change  with  the  utmost  pleasure,  and  con- 
sider it  the  goal  at  which  all  our  efforts  should  bend,  the  polar 
star  that  should  direct  all  our  movements.  I should  consider  the 
abolition  of  the  state  legislatures  as  a most  fortunate  event  for 
America,  and  congratulate  my  country  on  the  commencement  of 
a new  aera  in  her  affairs  from  whence  to  date  the  dawn  of  better 
hopes  and  happier  days.  But  is  it  practicable,  can  it  be  accom- 
plished ? Can  a legislature  be  organized  upon  such  principles  as 
to  comprehend  the  territory  lying  between  the  Mississippi,  the 
St.  Lawrence,  the  Lakes,  and  the  Atlantic  ocean,  with  such  a 
variety  of  soil  and  climate,  contain  within  it  all  the  vital  parts  of 
a democracy,  and  those  provisions  which  the  wisdom  of  ages  has 
pointed  out  as  the  best  security  for  liberty,  and  be  at  the  same 
time  a strong,  efficient,  and  energetic  government  ? Would  it  be 
possible  to  form  in  every  respect  a complete  consolidation  of 
interest  and  how  otherwise  would  its  operation  affect  the  weaker 


3i6  the  writings  OF  JAMES  MONROE. 


party  ? Or  to  accommodate  its  legislative  acts  so  as  to  suit  those 
of  a local  kind  that  were  variant  in  the  nature  of  things  ? To 
form  a system  of  revenue,  by  direct  taxation  and  excise,  regulate 
the  mode  of  collection,  supervise  it,  without  the  establishment  of 
a train  of  officers,  and  tribunal  under  tribunal,  that  would  not  be 
enormously  expensive,  free  from  more  than  ordinary  imposition, 
and  preserve  the  spirit  of  the  government  ? Separated  at  the  dis- 
tance of  near  1200  miles,  suppose  the  disposition  to  do  right  the 
best  that  nature  can  infuse  into  the  human  heart,  generally  speak- 
ing, in  the  operation  of  the  government,  will  the  man  of  Georgia 
possess  sufficient  information  to  legislate  for  the  local  concerns 
of  New-Hampshire  ? Or  of  New-Hampshire  for  those  of  Georgia  ? 
Or  to  contract  it  to  a smaller  space  of  New- York  for  those  of 
Virginia  ? Will  not  of  course  most  of  its  measures  be  taken  upon 
an  imperfect  view  of  the  subject  ? A wise  legislator  should  pos- 
sess a precise  knowledge  of  the  situation,  and  interests  of  all  the 
territory,  and  of  the  state  of  society,  manners,  and  dispositions  of 
the  people  within  it  committed  to  his  care.  Some  men  perhaps 
to  whom  a kinder  fortune  had  dispensed  her  more  liberal  gifts, 
who  had  devoted  their  earlier  life  to  travel,  general  science,  and 
those  researches  that  were  particularly  necessary  for  it,  might  suc- 
ceed, but  unfortunately  for  us  the  most  sanguine  admirer  of  this 
plan,  could  not  promise  to  America  that  her  national  councils, 
should  always  be  filled  with  men  of  this  stamp.  I would  not 
wish  to  discolour  this  plan  of  a complete  national  government, 
acting  in  all  cases  for  the  common  good,  to  the  exclusion  of 
subordinate  legislatures,  so  delightful  in  theory,  with  the  reverse 
of  this  picture,  nor  to  depaint  those  consequences  which  might 
result  from  its  maladministration,  if  instead  of  the  best  qualities 
that  are  the  portion  of  humanity,  it  should  be  its  fortune  to  have 
its  councils  filled,  with  men  remarkable  for  their  ignorance,  or  any 
great  malignity  of  heart,  contending  against  difficulties,  under  its 
best  form  and  with  its  best  hopes,  which  perhaps  are  insur- 
mountable, what  would  be  its  situation  and  issue  in  that  event  ? 
As  this  subject  is  of  great  importance  and  leads  to  a decision 
upon  an  important  trait  in  the  plan  of  government  now  before 
you,  it  will  be  proper  to  give  it  a more  particular  investigation. 

Perhaps  an  attention  for  a moment  in  this  respect  to  those  po- 


APPENDIX. 


317 


litical  establishments  which  have  been  erected  in  different  quar- 
ters of  the  globe,  in  ancient  and  modern  times,  may  furnish  an 
instructive  lesson,  upon  the  present  occasion.  In  but  few  in- 
stances, and  those  at  distant  intervals  of  time,  hath  a democracy 
or  government  of  the  people  ever  been  established.  To  what 
cause  it  is  to  be  attributed,  philosophers  and  statesmen  may  dif- 
fer, but  it  is  an  unquestionable  truth,  that  there  hath  been  a con- 
stant effort  in  all  societies,  to  exterpate  it  from  off  the  face  of  the 
earth.  The  contest  hath  been  often  violent,  and  the  manly  exer- 
tions which  the  friends  of  equal  liberty,  have  made  against  this 
disease  of  human  nature,  is  the  great,  the  instructive  subject  of 
history.  They  have  had  to  contend  against  difficulties  thrown  in 
their  way  by  all  ranks  of  society  : If  the  poor  and  those  in  mod- 
erate circumstances  only,  where  an  union  might  have  been  ex- 
pected had  united,  a tyranny  had  never  been  erected.  But  the 
ignorance,  the  folly,  and  often  times  the  vices  of  the  lower  classes 
have  perhaps  favoured  this  tendency  as  strongly  as  the  lust  for 
dominion  and  power  in  the  wealthy.  To  illustrate  this  position 
by  a review  of  the  commencement,  progress,  and  decline  of  those 
nations  with  which  history  furnishes  us  examples,  with  the  causes 
that  have  contributed  to  hurry  them  to  this  their  last  stage,  would 
not  only  present  to  your  view  a melancholy  monument  of  the 
weakness  of  human  institutions,  but  lead  me  beyond  the  bounds 
of  the  present  enquiry.  Be  assured  however  there  is  no  fact  bet- 
ter established  by  history,  than  this  tendency  or  effort  in  all  soci- 
eties, to  defeat  the  purpose  of  their  own  institution,  and  terminate 
in  despotism.  If  then  we  are  not  the  unfaithful  guardians  of 
those  rights,  which  an  all  gracious  providence  hath  bestowed 
upon  us,  should  we  not  attend  to  every  circumstance  that  may 
contribute  to  preserve  them  ? And  will  it  be  questioned,  that  the 
extent  of  territory  is  one  of  those  that  will  have  no  influence  on 
the  subject  ? The  governments  that  have  been  purely  democratic, 
to  which  only  we  should  resort  for  satisfactory  information  on 
this  head,  if  any  ever  were,  are  but  few.  In  several  it  is  true  the 
people  have  had  some  share  of  power,  as  in  that  of  Rome.  But 
it  cannot  be  questioned  that  in  this  the  Nobles  or  aristocracy  had 
the  prevailing  influence.  The  endless  quarrels  between  the  dif- 
ferent branches  or  rather  orders  of  the  people,  the  Senate  and 


3i8  the  writings  OF  JAMES  MONROE. 


plebians,  is  perhaps  the  real  cause  of  the  perpetual  warfare  and 
extensive  conquests,  made  by  this  rapacious  mistress  of  the 
world.  When  the  people  became  incensed  against  the  Senate,  as 
they  often  had  reason  to  be,  the  latter  had  always  sufficient  ad- 
dress, to  give  their  passions  other  objects  to  act  on,  by  turning 
them  against  foreign  powers.  With  this  view  it  seems  to  have 
been  a political  maxim  with  that  branch,  in  whose  hands  the 
executive  authority  was  also  lodged,  never  to  be  at  peace  with  all 
nations  at  the  same  time,  and  in  this  they  succeeded  tolerably 
well,  for  from  the  commencement  to  the  final  dissolution  of  the 
empire,  the  temple  of  Janus,  always  open  in  time  of  war,  if  we 
may  credit  the  traditions  of  their  best  historians,  was  hardly  ever 
closed.  But  so  soon  as  the  whole  globe  had  acknowledged  her 
authority,  and  bowed  beneath  the  yoke,  the  immense  fabric  she 
had  thus  raised  fell  to  pieces.  External  opposition  that  had 
raised  it  to  the  height  it  had  attained,  having  ceased,  its  founda- 
tion was  taken  away.  There  was  no  principle  within  it  to  unite 
its  parts  together.  From  this  it  is  to  be  presumed  that  if  her 
government  had  been  organized  upon  harmonious  principles,  and 
made  the  people  happy  under  it,  her  dominion  would  never  have 
extended  over  more  than  one-tenth  the  territory  it  did.  But  be 
this  as  it  may,  the  government  of  Rome  acknowledged  distinct 
orders  of  people,  in  which  indeed  the  aristocracy  prevailed,  and 
can  of  course  furnish  no  example  for  us.  This  may  be  said  of 
Lacedemon  and  Carthage,  for  according  to  the  opinion  of  a pro- 
found historian  and  observer  on  the  subject  of  government,  that 
of  Carthage  was  also  divided  and  the  greater  portion  of  power 
taken  from  the  people  and  placed  in  the  hands  of  the  aristocracy.* 
If  any  ever  were,  Athens,  Thebes,  and  Corinth,  were  for  a time, 
pure  democracies.  But  shall  we  draw  our  conclusion  from  their 
example,  whose  jurisdiction  was  more  confined  than  that  of  some 
of  our  smallest  states  ? In  short,  let  us  contemplate  what  forms, 
in  what  countries  and  times  we  please,  where  the  rights  of  the 
people,  and  the  spirit  of  liberty,  were  in  any  degree  preserved, 
and  we  have  the  most  solemn  admonition  to  beware  even  making 
the  attempt.  The  monarchy  of  Britain  in  which  the  executive 
power  is  armed  with  almost  despotic  authority,  comprehends 


* Polybius,  vol.  3.,  page  92. 


AFFENDIX. 

319 

within  it  a territory  smaller  than  that  of  this  commonwealth,  and 
yet  it  is  believed  its  administration  is  happier  than  if  it  were 
more  extensive.  Even  the  king  of  France,  sensible  that  his  gov- 
ernment will  be  happier  for  his  subjects,  and  more  faithful  and 
beneficial  for  himself,  has  shown  a disposition  to  re-establish  the 
provincial  assemblies  for  this  purpose,  yet  it  cannot  be  denied 
that  his  powers  are  otherwise  sufficiently  great,  or  that  any  mon- 
arch was  ever,  in  a greater  degree,  or  more  deservedly  beloved  by 
his  people.  But  if  these  examples  are  not  sufficient  to  warn  us 
of  the  fatal  consequences  that  will  attend  the  vesting  such  powers 
in  the  Congress,  let  us  turn  our  attention  to  those  nearer  at 
home,  and  which  perhaps  will  make  a deeper  impression  on  our 
minds,  and  do  we  not  behold  the  province  of  Maine  separating 
from  Massachusetts,  and  Vermont  from  New  York,  Wyomin  from 
Pennsylvania,  and  the  district  of  Kentucky  from  Virginia,  on  this 
very  principle,  with  others  no  less  striking  that  might  be  enu- 
merated. 

It  is  true  the  improvement  of  government  under  this  form,  by 
representation,  the  discovery  of  which  is  attributed  to  modern 
times,  might  make  some  difference  in  this  respect,  but  are  there 
no  bounds  within  which  it  should  still  be  restrained  ? Shall  it 
attempt  things  that  seem  from  the  concurrent  testimony  of  all 
history  to  be  the  appropriate  object  of  despotism  ? Maladies  that 
are  incurable  after  they  have  afflicted  the  body  with  all  the  pain 
and  anguish  incident,  to  a frail  and  feverish  being,  exhausted  its 
efforts,  and  worn  out  its  constitution,  complete  the  work  by 
terminating  its  existence.  This  government  too,  after  having  ex- 
perienced the  vicisitudes  of  fortune  that  might  accompany  its 
natural  imperfections,  of  laws  badly  formed  and  indifferently 
executed,  of  anarchy  disorder  and  confusion,  after  having  worn 
out  and  broken  the  spirits  of  the  people,  would  also  have  its  end. 
But  what  form  it  would  then  assume  is  left  for  time  to  develop. 
The  diseases  of  every  government  suggest  its  remedy.  Other 
circumstances  it  is  true  give  it  a byas,  but  these  have  a prin- 
cipal influence  in  directing  its  course.  Those  of  the  federal 
system  and  which  owed  their  birth  and  enormity  to  the  want  of 
strength  in  the  federal  head,  had  disposed  the  people  to  agree  to 
an  annihilation  of  their  state  governments,  which  yielded  to  the 


THE  WRITINGS  OF  JAMES  MONROE. 


present  one.  Had  this  change  been  accomplished,  by  the  designs 
of  wicked  and  abandoned  men,  by  the  usurpations  of  a tyrant,  or 
the  seductions  of  art  and  intrigue,  it  is  to  be  presumed,  and  the 
experience  of  other  countries  hath  approved  it,  that  the  people 
would  now  return  to  that  they  had  forsaken,  with  a degree  of  zeal 
and  fervor  proportioned  to  the  sufferings  they  had  borne.* 
But  if  a long  and  patient  experience  had  shewn  its  defects,  a 
calm  and  dispassionate  appeal  had  been  made  to  their  understand- 
ings, and  a recollection  of  the  great  calamities,  it  had  inflicted  on 
them,  demonstrated  it  was  neither  calculated,  for  the  care  of  their 
liberties,  their  safety  or  common  interests,  they  would  make  a 
new  experiment  and  take  a different  course.  From  the  causes 
above  stated  the  incapacity  of  the  legislative  branch  to  form  happy, 
wise,  or  uniform  laws  for  the  government  of  a territory  so  extensive, 
and  of  a people  in  pursuit  of  objects  so  opposite  in  their  nature, 
had  perhaps  already  often  clogged  its  operations  and  suspended 
its  course.  This  had  gradually  alienated  the  affections  of  the 
people  and  created  in  them  a contempt  for  this  branch  of  the 
government.  The  powers  of  the  executive  had  of  course  been 
proportionably  increased,  for  it  is  natural  for  the  latter  to  supply 
the  defects  of  the  former.  Accustomed  to  behold  it  in  miniature, 
and  to  derive  relief  from  its  friendly  interference,  the  people  are 
at  length  prepared  to  have  recourse  to  a Royal  government,  as  the 
last  resort  the  only  safe  asylum  for  the  miserable  and  oppressed. 
And  this  perhaps  would  be  the  issue  of  the  present  govern- 
ment, and  for  these  reasons  I should  dread  its  establishment 
over  these  states.  For  to  however  low  and  pitiable  a condition 
we  may  have  fallen  ; however  deservedly  we  may  have  acquired 
the  contempt  and  scorn  of  nations,  yet  I had  rather  submit  in 
peace  and  quiet,  to  those  reproaches  which  the  proud  and  disdain- 
ful may  throw  upon  us,  than  by  commencing  on  a stage  upon 
which  the  fortunes  of  all  nations  have  been  wrecked,  however 
splendid  and  meteor  like  our  transient  exhibition  might  be,  risk 
the  enjoyment  of  those  blessings  we  now  possess. 

But  may  not  some  middle  course  be  struck,  some  plan  be 
adopted  to  give  the  general  government  those  rights  of  internal 


* As  in  the  restoration  of  Charles  II.  in  England. 


APPENDIX. 


legislation  necessary  for  its  safety,  and  well  being,  in  all  cases 
and  yet  leave  to  the  states  other  powers  they  might  exercise  to 
advantage  ? If  by  this  it  is  intended  to  comprehend  the  right  of 
direct  taxation  and  excise  with  the  absolute  controul  of  the  re- 
sources of  the  union,  it  will  be  easy  to  perceive  its  consequences. 
Those  who  are  in  any  degree  acquainted  with  the  principles  of 
government,  or  with  those  of  the  human  heart  well  know  that 
upon  this  point,  the  equal  distribution  of  the  resources  of  the 
union,  between  the  two  governments,  will  their  balance  depend. 
If  you  place  the  whole  into  the  hands  of  one,  it  will  require  no 
casuist,  no  great  degree  of  depth  in  this  science  to  determine  which 
will  preponderate.  Acting  on  the  bowels  the  body  will  soon 
decay  and  die  away.  The  pageant  ornaments  and  trappings  of 
power  will  not  last  long,  for  the  reason  and  good  sense  of  man- 
kind turn  with  disgust  upon  the  mockery  of  empty  forms.  Such 
an  arrangement  would  therefore  in  my  apprehension,  embark  us 
on  a more  perilous  and  stormy  sea,  than  even  a complete 
annihilation  of  the  state  governments. 

If  then  such  a government  as  I have  above  described  in  either 
view  presents  an  impracticable  alternative,  or  such  an  one  as  we 
should  not  without  a nearer  and  better  view  of  it  embrace,  the 
other  mode  only  remains  or  that  which  proposes  the  organization 
of  a general  government  over  the  states  forming  a part  of  and 
acknowledged  by  the  constitution  of  each,  leaving  at  the  same 
time  a qualified  government  in  each  state  for  local  objects.  Let 
us  examine  this  then  since  it  is  the  only  safe  or  even  plausible 
course  for  us  to  take. 

To  organize  a general  government,  that  shall  contain  within  it 
a particular  one  for  each  state,  or  in  other  words,  to  form  a con- 
stitution for  each  state,  which  shall  acknowledge  that  of  the  union, 
is  no  easy  thing,  for  there  never  was  an  example  of  the  kind  before. 
The  amphictionic  council,  Achaean,  Belgic,  or  Helvetic  con- 
federacies were  but  leagues  of  independent  states,  somewhat 
similar  to  the  present  one.  To  mark  the  precise  point  at  which 
the  powers  of  the  general  government  shall  cease,  and  that  from 
whence  those  of  the  states  shall  commence,  to  poise  them  in  such 
manner  as  to  prevent  either  destroying  the  other,  will  require  the 
utmost  force  of  human  wisdom  and  ingenuity.  No  possible 

VOL.  I. 21 


322  THE  WRITINGS  OF  JAMES  MONROE. 


ground  of  variance  or  even  interference  should  be  left,  for  there 
would  the  conflict  commence,  that  might  perhaps  prove  fatal  to 
both.  As  the  very  being  or  existence  of  the  republican  form  in 
America,  and  of  course  the  happiness  and  interests  of  the  people 
depend  on  this  point,  the  utmost  clearness  and  perspicuity  should 
be  used  to  trace  the  boundary  between  them.  The  obvious  line 
of  separation  is  that  of  general  and  local  interests.  All  those 
subjects  that  may  fall  within  the  former  distinction,  should  be 
given  to  the  confederacy,  and  those  of  the  latter  retained  to  the 
states.  If  the  federal  government  has  a right  to  exercise  direct 
legislation  within  the  states,  their  respective  sovereignties  are  at 
an  end,  and  a complete  consolidation  or  incorporation  of  the 
whole  into  one,  established  in  their  stead.  For  in  government  it 
is,  as  in  phisicks,  a maxim,  that  two  powers  cannot  occupy  the 
same  space  at  the  same  time.  Let  this  therefore  be  the  character- 
istic line  of  the  division  ; internal  legislation  or  the  management 
of  those  concerns  which  are  entirely  local  shall  belong  to  the 
states,  and  that  of  those  which  have  a foreign  aspect,  and  in 
which  they  have  a national  concern,  to  the  confederacy.  In  form- 
ing a constitution  on  these  principles,  the  same  rule  should  be  ob- 
served, that  has  been  in  forming  those  of  individual  states ; 
defining  the  powers  given  and  qualifying  the  mode,  in  which  they 
shall  be  exercised.  All  powers  not  ceded  it  is  true  belong  to  the 
people  ; but  those  given  in  a constitution  are  expressed  in  general 
terms,  as  that  the  Congress  shall  levy  and  collect  duties  ; this  in- 
volves in  it  the  right  of  making  laws  for  the  purpose,  for  the 
means  are  included  in  the  power  ; otherwise  it  is  a nullity.  The 
species  of  evidence  and  the  mode  of  tryal  are  subordinate  objects 
under  it,  and  does  it  not  follow  that  the  Congress  might  regulate 
these  at  pleasure?  How  are  we  secured  in  the  trial  by  jury  ? 
This  most  excellent  mode  of  tryal  which  has  been  found,  in  those 
few  countries  where  it  has  been  adopted,  the  bulwark  of  their 
rights,  and  which  is  the  terror  of  despotic  governments,  for  it  dis- 
arms them  of  half  their  power,  is  but  a matter  of  police,  of  human 
invention  ; if  then  we  gave  general  powers  unless  we  qualified 
their  exercise  by  securing  this,  might  they  not  regulate  it  other- 
wise? I would  not  be  understood  to  insinuate  it  would  be  the 
case,  but  that  it  were  possible  is  improper.  The  spirit  of  the 


APPENDIX. 


323 


times  might  secure  the  people  of  America  perhaps  for  a great 
length  of  time  against  it ; but  fundemental  principles  form  a 
check,  even  when  the  spirit  of  the  times  hath  changed,  indeed 
they  retard  and  controul  it.  As  it  is  with  the  trial  by  jury  so  it  is 
with  the  liberty  of  conscience  ; that  of  the  press  and  many  others. 
As  to  the  powers  themselves,  the  distinction  being  drawn,  the 
enumeration  would  be  of  course.  To  those  of  the  former  Con- 
gress some  few  might  be  added,  or  from  those  of  the  constitution, 
some  few  taken  away,  for  nominally  there  is  not  so  great  a differ- 
ence between  them  as  some  people  suppose.  To  the  former  for 
instance,  let  the  absolute  controul  of  commerce  with  the  revenues 
arising  from  it  be  added.  Let  the  right  of  apportionment  be  as 
in  the  constitution,  for  the  ground  on  which  the  states  have  met 
on  that  point  is  certainly  a happy  compromise  being  that  indeed 
which  had  been  long  recommended  by  Congress.  Let  them 
regulate  the  discipline  and  training  of  the  militia — the  calling 
them  forth  and  commanding  them  in  service  ; for  the  militia  of  a 
country,  is  its  only  safe  and  proper  defence.  All  countries  are 
more  or  less  exposed  to  danger,  either  from  insurrection  or  in- 
vasion and  the  greater  the  authority  of  Congress  over  this  re- 
spectable body  of  men,  in  whose  hands  everything  would  be  safe, 
the  less  necessity  there  would  be,  to  have  recourse  to  that  bane  of 
all  societies,  the  destroyer  of  the  rights  of  men,  a standing  army. 
But  it  may  be  urged  the  revenues  from  the  impost  would  not  be 
sufficient  for  national  purposes,  and  that  without  the  right  of  di- 
rect taxation,  the  government  would  be  forced  to  have  recourse, 
to  the  expedient  of  requisitions,  the  inefficacy  of  which  had  already 
been  sufficiently  experienced.  The  position  in  the  first  instance, 
as  to  the  insufficiency  of  the  revenues  is  doubtful  ; but  the  appre- 
hension of  the  states  neglecting  requisitions  under  this,  as  they 
have  done  under  the  late  government  still  more  so.  When  the 
United  States  became  in  effect  a national  government,  by  being 
incorporated  with  those  of  the  states,  possessed  considerable 
revenues,  had  at  their  command  a fleet  and  army,  with  the  abso- 
lute controul  of  trade  ; I cannot  but  believe  that  their  constitu- 
tional demands,  or  requisitions,  would  be  complied  with.  Let 
the  individual  states  also  be  restrained  from  exercising  improper 
powers,  making  war,  emiting  paper  bills  of  credit  and  the  like. 


324  THE  WRITINGS  OF  JAMES  MONROE. 


All  restraints  that  were  necessary  for  the  wise  administration  of  a 
good  and  virtuous  government,  would  have  my  ready  assent.  It 
is  not  my  intention  to  draft  a form,  a general  idea  is  all  I aim  at, 
and  in  this  perhaps  I am  tedious. 

Having  defined  the  powers,  marked  the  line  between,  and 
secured  as  far  as  possible  the  harmony  of  the  two  governments, 
by  making  the  former  a part  of  the  latter,  it  will  be  necessary  to 
organize  it  upon  such  principles,  as  to  secure  the  wisdom  and 
happiness  of  its  adminstration  ; for  I presume  it  does  not  neces- 
sarily follow,  because  the  constitutional  acts  of  the  government 
will  be  executed  and  become  the  laws  of  the  land  in  each  state 
that  our  researches  should  be  at  an  end,  and  that  we  should  con- 
clude we  had  remedied  all  the  defects  of  the  present  one.  On  the 
contrary  our  anxiety  should  be  increased  tenfold.  From  that  our 
safety  was  to  be  attributed  to  its  imbecility  ; but  from  this  we 
should  not  be  able  to  shelter  ourselves  under  that  protection.  We 
should  therefore  be  the  more  zealous,  proportioned  to  the  prize 
we  have  at  stake,  to  distribute  the  powers  and  poize  the  gov- 
ernment, so  as  to  secure  equal  justice  in  all  its  acts,  to  every  part  of 
the  confederacy  ; for  wretched  and  forlorn  will  the  condition  of 
that  be,  which  shall  not  find  itself  equally  secure  under  the  pro- 
tection, and  in  the  enjoyment  of  its  blessings,  with  every  other 
part.  From  royalty  itself,  where  the  power  is  concentrated  in 
one  person,  fluctuating  in  its  systems  and  unsettled  in  its  course, 
sometimes  a ray  of  benevolence  and  even  of  justice  is  reflected  on 
those  whom  it  had  marked  out  as  the  object  of  its  resentment. 
Nature  has  cast  into  but  few  characters  such  malign  and  un- 
friendly dispositions,  that  their  revenge  cannot  be  satiated.  But 
from  a combination  of  states,  acting  systematically  in  pursuit  of 
particular  and  local  interests,  wielding  in  their  hands  the  powers 
of  the  government,  and  of  course  secure  not  only  from  censure 
but  of  the  approbation  and  applause  of  those  whom  they  served, 
however  severely  the  attainment  of  the  objects  it  contemplated, 
might  bear  upon  the  interests  of  the  unfortunate  minority,  yet 
from  their  justice,  it  is  to  be  feared,  that  neither  moderation  nor 
even  mercy  could  be  expected.  But  the  present  system  is  that  we 
have  to  remedy  and  we  should  never  lose  sight  of  its  defects.  If 
the  new  government  should  be  organized  in  the  same  manner 


APPENDIX. 


325 


with  the  old,  consist  of  one  branch  only,  each  state  appoint  her 
own  delegates  and  recall  thena  at  pleasure,  I am  satisfyed  it  would 
in  the  administration  in  Congress,  or  passage  of  the  acts,  be  found 
in  the  experiment  in  that  respect  just  such  a government  as  the 
other.  There  would  be  the  same  negociation,  intrigue  and  man- 
agement for  the  advantage  of  each  state  that  now  prevails.  Its 
movements  would  be  as  slow  and  its  decisions  as  unjust  as  they 
sometimes  have  been.  In  short  it  would  still  be  a government  of 
states  in  every  respect  and  not  a national  one.  How  then  shall 
we  guard  against,  check  and  controul  this  intolerant  and  de- 
structive state  spirit  ? How  infuse  into  all  its  departments  a love, 
respect,  and  dread  of  the  whole,  for  upon  this  every  thing 
depends  ? 

It  has  been  long  established  by  the  most  celebrated  writers,  but 
particularly  illustrated  and  explained  by  the  President  Mon- 
tesquieu and  Mr.  Locke,  that  the  division  of  the  powers  of  a 
government  over  one  state,  or  one  people  only,  into  three 
branches,  the  legislative,  executive,  and  judiciary,  is  absolutely 
necessary  for  the  preservation  of  liberty.  This  is  now  admitted 
by  all  who  are  not  the  friends  of  despotism,  and  I am  persuaded 
it  has  already  been  demonstrated  in  the  course  of  these  obser- 
vations, that  such  a division  is,  if  possible,  more  necessary  in  a 
government  to  be  organized  over  more  than  one.  Taking  this 
position  then  as  established,  I will  proceed  to  an  examination  of 
the  principles  upon  which  this  organization  should  be  formed. 

If  the  states  as  such  or  in  their  legislative  character  appoint  any 
of  the  officers  of  this  government,  the  effect  will  be  the  same, 
provided  the  rotative  principle  is  preserved,  which  will  I hope 
never  be  given  up,  that  has  already  been  experienced  ; for  in 
the  appointment  is  involved  that  of  responsibility.  It  should 
therefore  proceed  from  the  people  immediately,  or  by  means  of 
electors  chosen  for  the  purpose.  This  will  make  them  amenable 
to  the  people  only  for  their  conduct,  or  to  such  constitutional  tri- 
bunals where  they  are  practicable,  as  they  shall  establish  to  take 
cognizance  of  offences.  This  we  apprehend  would  contribute 
much  to  the  establishment  of  a national  government ; each  would 
move  in  the  sphere  the  constitution  had  appointed  for  it,  and  be 
accountable  to  the  people  only  for  their  conduct,  the  high 


326  THE  WRITINGS  OF  JAMES  MONROE. 


and  pure  source,  from  whence  they  respectively  derived  their 
authorities. 

The  legislative  branches  are  in  all  democratic  governments, 
and  of  course  would  be  so  in  this,  the  immediate  representatives 
of  the  people.  They  should  therefore  be  kept  as  dependent  on 
them  as  possible,  having  in  all  respects  the  same  interests  with 
themselves.  For  offences  in  these  branches  the  general  govern- 
ment can  provide  no  punishment,  for  there  can  be  no  tribunal  un- 
der it,  to  take  cognizance  of  them.  Charges  of  corruption  or 
prosecutions  for  it,  or  other  offences,  committed  by  those  in  these 
branches,  should  not  be  allowed  from  those  in  the  others,  for  this 
might  either  unite  them  in  mal-practices  against  their  country,  or 
create  endless  strife  between  them,  and  thereby  destroy  the 
balance  of  the  government.  A free  people  are  the  only  proper 
judges  of  the  merits  of  those  who  serve  them,  and  they  only 
should  bring  them  to  justice.  This  shews  the  necessity  of  fre- 
quent elections.  The  members  of  each  should  in  my  opinion 
return  to  the  body  of  the  people,  those  of  the  house  of  represen- 
tatives at  the  expiration  of  every  two  years,  and  those  of  the 
senate  of  every  four  years,  capable  however  always  of  re-election. 
Both  these  branches  should  if  possible  be  filled  on  the  principles 
of  representation  from  all  the  states.  For  the  house  of  represen- 
tatives, the  rule  adopted  in  the  constitution,  is  perhaps  the  proper 
one.  Let  twice  that  number,  or  a still  greater  ratio  of  numbers 
to  that  of  representation,  be  the  rule  for  the  senate.  The  mem- 
bers of  both  branches  should  be  incapable  of  appointment  to 
other  offices  whilst  in  these,  otherwise  a wide  door  will  be  left 
open  for  corruption.  This  is  not  an  idle  or  visionary  precaution, 
but  in  a great  measure  the  pivot,  upon  which  the  upright  and 
faithful  administration  of  the  government  will  depend.  The  ex- 
perience of  Britain  hath  demonstrated,  how  often  the  most  valu- 
able interests  of  the  people,  have  been  bartered  away,  by  leading 
members  of  the  house  of  commons  for  a seat  in  the  house  of 
peers,  or  some  lucrative  office  in  the  government  ; how  much 
greater  then  should  our  apprehension  be,  of  danger  in  the  present 
instance,  when  we  recollect  that  the  government  is  organized  upon 
such  principles  as  to  acknowledge  no  responsibility  to  the  states, 
and  comprehends  within  it  such  an  extent  of  territory,  as  to  put  it 


APPENDIX.  327 


out  of  the  power  of  those  who  inhabit  its  extremities,  to  have  any 
knowledge  of  the  conduct  of  their  servants  ! The  possibility 
of  this  kind  of  traffic  should  therefore  be  absolutely  prohibited. 

But  the  power  of  the  legislature  should  be  confined  to  those  ob- 
jects which  were  intirely  legislative  in  their  nature,  as  the  regula- 
tion of  trade,  requisitions  for  money,  and  the  like.  The  soundest 
authorities  and  the  melancholy  experience  of  our  state  governments 
have  shewn  the  propriety  of  this  restraint,  in  a constitution  over 
one  state,  and  for  reasons  that  are  obvious  the  expedience,  will  be 
the  more  urgent,  in  the  present  instance.  Its  natural  effect  in  all 
cases  is,  to  grasp  to  itself  all  the  powers  delegated  from  the  peo- 
ple,* and  to  prostrate  the  other  branches  before  it ; stimulated  on 
by  the  state  spirit,  which  will  in  some  degree  still  remain,  the  diffi- 
culty here  will  be  proportionably  increased.  The  ingenuity  of 
man  can  devise  no  other,  without  an  appeal  to  the  people,  which 
if  possible  should  always  be  avoided,  than  that  of  giving  the  Ex- 
ecutive, the  other  active  branch  an  absolute  negative  on  the  laws  ; 
for  otherwise  its  enterprizes  must  be  successful.  Many  restraints 
might  be  designated  by  the  constitution,  but  without  effect.  And 
from  this  at  the  same  time  that  it  preserved  the  balance  of  the 
government,  no  injury  could  be  sustained.  Against  the  encroach- 
ments of  the  Executive  the  fears  and  apprehensions  of  the  whole 
continent  would  be  awake,  with  a watchful  jealousy  they  would 
observe  its  movements.  But  against  the  legislature  (if  we  may 
reason  by  analogy  of  that  branch  in  this)  from  those  in  other 
governments,  no  such  apprehensions  could  be  entertained.  Its 
movements  comparitively  would  be  accompanied  with  the  confi- 
dence of  the  people.  Every  encroachment  upon  its  rights  would 
be  popular.  In  every  contest  between  them  it  must  of  course 
yield  the  ground.  In  short  unless  the  Executive  had  a negative 
on  the  laws  of  the  legislature,  it  would  soon  exist  only  in  name. 

The  right  of  impeachment  and  the  mode  of  trial  are  of  the  first 
importance  in  this  government.  The  former,  if  with  the  people 
or  even  the  states  themselves,  would  never  be  exerted  or  greatly 
abused  ; it  should  therefore  belong  to  the  house  of  representatives. 
And  the  latter  should  be  vested  in  a court  of  that  high  confidence 
and  respectability  of  character,  as  to  partake  of  none  of  those 


+ De  Loime. 


328  THE  WRITINGS  OF  JAMES  MONROE. 


passions  that  sway  the  bulk  of  mankind.  Unconnected  by  office, 
and  of  course  no  way  interested  in  the  event ; unacquainted  with 
the  crime  except  as  it  might  appear  before  them  by  satisfactory 
testimony,  they  should  hear  calmly  and  judge  dispassionately  up- 
on the  merits  of  the  cause.  From  their  decision  the  guilty  would 
receive  a fair  condemnation,  or  the  innocent  be  restored  again  to 
the  confidence  of  their  country,  and  the  people  return  satisfied 
that  their  passions  had  been  awakened,  and  their  fears  alarmed 
without  any  just  foundation.  The  sentence  should  be  final,  and 
not  shifted  off  to  another  tribunal.  A further  prosecution  may 
appear  odious,  and  the  just  resentments  of  the  people  calm  away, 
and  totally  subside.  For  these  reasons  the  senate  should  form  the 
court  of  impeachment. 

But  although  the  legislative  branch  shall  be  elected  by  the  peo- 
ple, and  amenable  to  them  alone  for  their  conduct,  yet  as  the 
state  sovereignties  though  qualified,  will  still  remain,  and  of  course 
the  state  spirit,  in  contradiction  to  a foederal  one,  from  necessity 
be  more  or  less  influential  in  its  councils,  we  should  turn  our  at- 
tention to  the  other  branches  of  the  government,  as  our  firm  re- 
source. The  Executive  is  that  upon  which,  in  many  respects,  we 
should  rest  our  hopes,  for  an  equal,  a foederal,  and  a wise  adminis- 
tration. Every  possible  effort  should  therefore  be  used  to  expell 
from  the  hearts  of  those  who  fill  it,  a preference  of  one  part  of  the 
community  to  another.  The  experience  of  other  governments 
hath  taught  us,  it  is  possible  to  devise  checks,  which  from  motives 
of  policy  and  private  interest,  will  even  make  bad  men  faithful 
public  servants.  The  prospect  of  reward  and  the  fear  of  punish- 
ment, as  has  already  been  observed,  are  the  most  powerful  incen- 
tives to  virtuous  action.  It  should  therefore  be  so  organized,  as 
to  give  every  quarter  indeed  every  man  of  the  union,  under  the 
influence  of  the  principles,  as  to  those  who  fill  it,  an  equal  access 
to  the  human  heart ; whenever  this  equipoise  is  destroyed,  and 
this  high  character  taught  to  look  up  to  this,  or  that  state,  or  com- 
bination of  states  for  the  smiles  or  the  frowns  of  government,  from 
that  moment  will  its  oppression  be  felt,  and  a dreadful  anarchy 
ensue.  And  if  you  take  from  those  whom  the  choice  of  their 
country  hath  called  forth  to  this  high  station,  the  hope  of  further 
favour,  and  mark  to  them  the  extent  of  service,  after  the  comple- 


APPENDIX. 


329 


tion  of  which  the  door  shall  be  forever  closed  upon  them,  in  that 
degree  will  you  deprive  yourself  of  one  of  the  principal  instru- 
ments by  which  you  are  to  preserve  the  equilibrium,  and  secure 
the  public  safety.  Discharged  forever  from  the  service  of  the 
United  States,  will  not  the  approbation  of  the  union,  cease  to  be 
the  ruling  passion,  and  an  accommodation  to  state  interests  take 
its  place  and  influence  many  of  the  public  measures  ? For  these 
reasons  I could  wish  to  see  the  right  of  impeachment,  extended 
upon  as  liberal  ground  as  possible,  given  for  instance  to  the  repre- 
sentatives of  one  third  of  the  confederacy  ; and  I could  likewise 
wish  to  see  the  citizen  at  the  head  of  this  department,  capable  of 
re-election  at  the  expiration  of  his  service  which  would  be  at  the 
end  of  every  three  or  four  years,  so  long  as  he  should  merit  the 
confidence  of  his  country. 

The  mode  of  election  should  also  be  a fundamental  in  the  organ- 
ization of  this  branch.  If  the  command  of  this  office  was  placed 
within  the  reach  of  court  influence,  the  most  alarming  conse- 
quences were  to  be  apprehended  from  it.  If  the  ultimate  decision 
should  happen  at  the  metropolis,  it  is  easy  to  be  perceived  what 
an  opportunity  this  would  present  for  venalty  and  corruption.  It 
must  be  a great  object  particularly  for  either  France  or  Britain  to 
have  the  friend  of  their  respective  courts  in  this  office,  possessed 
of  such  extensive  powers  and  which  might  dispense  such  import- 
ant favors  to  them.  The  influence  of  the  presiding  magistrate 
himself,  especially  within  the  town  in  which  he  had  for  some  time 
resided,  and  to  whose  citizens  he  had  rendered  many  substantial 
services,  and  who  of  course  would  be  averse  to  the  introduction 
of  a novus  homo  among  them,  would  not  be  inconsiderable.  In 
addition  to  which  it  is  to  be  observed,  that  it  forms  a departure 
from  a principle  which  should  prevail  through  the  whole,  but  par- 
ticularly in  the  organization  of  this  branch,  a dependance  of  this 
officer,  for  every  thing  estimable  among  mankind,  upon  the  people 
of  America.  By  the  people  therefore  should  the  appointment  be 
made,  not  in  person,  but  by  the  means  of  electors  chosen  for  the 
purpose.  To  prevent  the  possibility  of  any  interference,  or  byas 
on  their  free  election,  that  of  the  electors  by  the  people,  should 
be  on  the  same  day  in  every  state,  and  that  of  the  President  by 
the  electors  likewise  on  the  same  day  and  at  some  specified  place 


330  THE  WRITINGS  OF  JAMES  MONROE. 


in  each,  unless  an  invasion,  or  other  extraordinary  circumstance 
should  prevent  it  ; in  which  case  perhaps  the  electors  themselves, 
or  the  executive  of  the  state  might  appoint  some  other.  What- 
ever time  might  be  employed  in  this  mode  of  election  is  immaterial ; 
it  is  of  the  first  importance,  and  should  never  be  dispensed  with, 
that  he  be  thus  appointed. 

But  high  powers  in  the  Executive  branch  require  in  every 
respect,  a direct  and  immediate  responsibility  ; for  although  it 
should  be  so  organized  as  that  whilst  to  those  who  fill  it,  and  act 
with  propriety  in  the  discharge  of  its  functions,  the  door  should 
be  left  open  for  a continuance  of  public  favour,  yet  the  sword  of 
justice  should  be  held  constantly  suspended  over  the  heads  of 
those,  who  shall  be  convicted  of  having  barely  sacrificed  the  in- 
terests, or  made  attempts  upon  the  liberties  of  their  country. 
There  should  be  no  constitutional  restraint,  no  equivocation  of 
office,  to  shield  a traitor  from  the  justice  of  an  injured  people. 
No  circumstance  to  blunt  or  turn  aside  the  keen  edge  of  their 
resentment.  With  the  charge  should  the  powers  of  his  office 
cease.  He  should  stand  alone  unsupported,  and  unprotected 
except  by  the  integrity  of  his  heart  and  the  rectitude  of  his  con- 
duct. For  these  reasons  the  executive  power  should  be  vested 
altogether  in  one  person  ; unrestrained  by  a constitutional  council, 
its  operations  will  be  more  easy  and  regular,  and  its  responsibility 
the  greater  and  more  immediate.  And  for  these  reasons  if  there 
is  a constitutional  council  it  must  be  from  its  nature  the  most  im- 
proper tribunal,  that  can  be  formed  or  conceived,  for  the  tryal  of 
the  offences  of  the  principal,  since  they  must  be  either  partakers 
of  the  crime,  or  some  way  or  other  a party  interested  in  it. 

With  an  Executive  organized  on  these  principles,  being  inde- 
pendent of  the  legislature,  and  in  a very  responsible  situation,  I 
should  be  well  content  to  entrust  great  powers,  because  I should 
calculate  with  tolerable  certainty  upon  an  honest  and  a wise  ex- 
ecution of  them.  The  constitution  perhaps  suggests  those,  with 
some  exceptions  that  are  proper  ; whether  it  would  be  safe  to 
give  it  the  absolute  controul  of  the  fleet  and  army  at  all  times,  in 
peace  and  war,  the  ordering  them  out,  and  laying  them  by,  with- 
out consent  of  the  legislature,  or  even  knowledge,  is  at  least 
doubtful.  In  Great  Britain  this  power  may  be  committed  to  the 


APPENDIX. 

331 

King  with  propriety  ; but  he  is  the  Lord  of  hereditary  dominions, 
and  transmits  the  inheritance  in  his  line  forever.  By  betraying 
his  trust  he  might  lose  his  crown,  and  perhaps  gain  nothing,  even 
if  he  established  despotism.  But  with  the  President  who  perhaps 
depends  on  a quadriennial  election  the  case  is  different.  It  is 
certainly  a formidable  power  to  place  in  the  hands  of  any  one 
public  servant.  I would  however  in  no  event  interpose  the  opin- 
ion of  the  legislature,  so  as  to  controul  the  movements  of  these 
forces,  but  merely  to  affix  the  condition,  or  emergency,  upon 
which  his  absolute  power  over  them  should  commence.  As  I 
would  repose  the  whole  trust  of  this  department  in  one  officer,  so 
he  alone  should  be  responsible  for  all  its  transactions.  He  might 
associate  whom  he  pleased,  of  the  wise  men  of  America  in  his 
councils,  but  they  should  be  of  his  own  association.  An  allow- 
ance might  be  made  him,  to  compensate  them  for  their  services, 
for  which  he  would  be  accountable. 

Controversies  between  independent  nations  are  usually  settled 
by  the  sword.  It  is  to  the  misfortune  of  mankind  that  no  tribunal 
has  ever  been  established  to  adjust  their  interfering  claims,  and 
inforce  its  decrees.  It  has  been  the  defect  of  all  other  confed- 
eracies, of  whose  institutions  history  has  given  us  any  account, 
that  although  attempts  in  some  have  been  made  in  this  respect  to 
preserve  the  harmony,  and  lessen  the  calamities  of  mankind,  yet 
the  courts  to  whom  the  controversies  have  been  submitted,  the 
council  or  representive  body  of  each,  have  not  been  organized  on 
such  principles  as  to  insure  justice  in  all  their  decisions.  To  this 
circumstance  perhaps  many  of  their  calamities  were  to  be  at- 
tributed. The  framers  of  the  confederation  in  some  degree  also 
fell  into  this  error,  for  those  only  of  a territorial  kind  were  to  be 
submitted  to  a foederal  court.  Under  that  form  its  inconvenience 
has  been  often  very  sensibly  felt,  but  under  the  present  it  would 
be  insupportable.  Great  care  should  therefore  be  used,  in  the 
organization  of  this  branch,  to  remedy  this  defect.  The  judiciary 
in  this,  as  in  all  free  governments,  should  be  distinct  from,  and 
independent  of  the  other  branches,  and  equally  permanent  in  its 
establishment.  Performing  its  appropriate  functions,  the  extent 
of  its  authority  should  be  commensurate  with  theirs.  As  it  forms 
the  branch  of  a national  government,  so  it  should  contemplate 


332  THE  WRITINGS  OF  JAMES  MONROE. 


national  objects  only.  Whatever  cases  might  arise  under  the  con- 
stitution, the  laws  of  the  legislature,  and  the  acts  of  the  Execu- 
tive in  conformity  thereto,  (however  trifling  or  important  the 
interests  it  affected  might  be)  should  have  their  final  decision 
from  this  court.  All  cases  affecting  ambassadors,  other  public 
ministers  and  consuls — of  admiralty  and  maritime  jurisdiction — 
all  controversies  between  different  states — between  the  United 
States  and  a state — a state  and  the  citizens  of  another  state,  citi- 
zens of  the  same  state  claiming  lands  under  different  states,  should 
of  course  be  submitted  to  its  decision.  In  cases  affecting  am- 
bassadors, other  public  ministers  and  consuls,  and  in  which  a 
state  shall  be  a party,  the  Supreme  Court  should  have  original 
jurisdiction  ; in  the  other  cases  above  mentioned  appellate  juris- 
diction as  to  law  only,  and  from  the  Supreme  Court  of  the 
respective  states.  The  laws  of  the  United  States  becoming  under 
the  constitution  those  of  each  state,  their  courts  of  course  take 
cognizance  of  them,  from  whose  decisions,  the  object  of  the  union 
will  be  completely  answered  by  an  appeal  to  their  court  as  to  law 
only,  and  with  great  accommodation  to  the  interests  of  the  people. 
In  the  organization  of  this  branch,  the  object  should  be  to  found 
it  on  the  state  establishments,  and  not  independently  of  them,  for 
in  the  latter  case  new  and  very  extraordinary  difficulties  present 
themselves  to  view,  among  which  the  clashing  of  jurisdictions 
would  perhaps  be  the  least  important.  The  judges  should  be 
appointed  by  the  President,  who  would  of  course  take  them  from 
among  the  meritorious  of  our  citizens  in  the  different  quarters  of 
the  union. 

Having  shewn  the  defects  of  our  present  federal  system,  pointed 
out  those  remedies  or  amendments  both  as  to  its  powers,  and  their 
distribution  or  organization,  that  have  appeared  to  me  advisable, 
I am  naturally  led  in  conformity  to  the  plan  I had  laid  down  in 
the  beginning  of  these  observations,  into  a more  minute  compari- 
son or  examination,  of  the  constitution  now  before  you,  by  the 
standard  or  test  of  those  principles  I have  endeavoured  to  estab- 
lish. And  this  I will  confess,  is  the  most  painful  part  of  the 
present  enquiry.  But  where  there  is  a contrariety  of  sentiment, 
in  any  degree,  there  can  be  no  other  mode  of  investigation  ; and 
it  is  I am  persuaded  the  fairer  course,  for  if  the  principles  them- 


APPENDIX. 


333 


selves  cannot  be  supported  it  necessarily  results,  that  all  reason- 
ing or  deductions  from  them  fall  to  the  ground. 

It  may  be  recollected  that  I have  not  objected  to  any  of  those 
powers  which  were  necessary  to  add,  to  the  energy,  strength,  re- 
source, or  respectability  of  the  government,  but  have  sought  to 
divest  it  of  those  only  which  I conceived  it  could  never  exercise, 
were  impracticable,  and  whilst  they  remained  even  if  not  brought 
forth  into  action,  would  lessen  it  in  the  confidence  of  the  people, 
but  if  ever  exerted  prove  the  source  of  endless  strife  between  the 
states  and  the  general  government,  that  must  terminate  in  the 
ruin  of  either  the  one  or  the  other,  which  I have  considered, 
(perhaps  improperly)  as  a great  national  calamity.  Those  to 
which  I have  particularly  alluded  are  the  right  of  direct  taxation 
and  of  excise  through  all  the  states  ; and  the  more  I have  reflected 
on  this  subject  the  better  satisfied  I have  been,  that  if  the  other 
powers  were  vested  in  it,  and  the  government  made  as  thereby  it 
would  be,  strong,  energetic  and  efficient,  that  the  leaving  those 
with  the  states  would  not  only  be  happier  for  them,  but  more 
beneficial  for  it.  For  whether  we  examine  it  as  an  abstract  proposi- 
tion, or  avail  ourselves  of  those  lights  which  the  history  of  all 
times  hath  presented  to  our  view,  yet  the  demonstration,  at  least 
to  my  mind,  seems  satisfactory  and  conclusive,  that  under  such  a 
government,  able  and  willing  to  compel  the  states  to  perform  their 
duty,  the  want  of  which  is  the  great  defect  of  the  present  system, 
and  which  would  thereby  be  completely  remedied,  that  the  same 
objects  might  be  attained  to  better  advantage  through  their  intra- 
vention,  than  by  any  other  mode  or  institution  that  could  be 
adopted  for  the  purpose.  As  this  is  perhaps  the  only  objection 
which  I have  to  the  powers  contained  in  the  constitution,  and  is 
founded  on  principles  I have  already  fully  explained  ; it  will  be 
unnecessary  to  attempt  a further  illustration  of  it  here.  I shall 
therefore  proceed,  admitting  the  propriety  of  the  general  division 
into  three  branches,  to  an  examination  of  the  subordinate  organiza- 
tion of  the  government,  and  first  of  the  legislature. 

Its  division  into  two  branches  an  house  of  representatives  and 
senate  has  appeared  to  me  to  be  perfectly  right ; and  the  mode 
prescribed  for  the  election  of  the  members  of  the  former  by  the 
people  not  only  practicable,  but  highly  commendable.  The  right 


334  the  writings  OF  JAMES  MONROE. 


of  originating  money  bills,  and  of  impeachment,  have  also  been 
properly  assigned  to  this  branch  ; the  term  of  service  and  the 
principle  of  representation  upon  which  its  house  will  be  formed 
appear  likewise  inexceptionable.  In  short  this  branch  of  the 
legislature  is  organized  entirely  to  my  wishes.  I must  however 
confess  my  mind  has  not  as  yet  acknowledged  in  these  respects, 
the  same  possessions  in  favour  of  the  senate.  The  great  defect 
as  has  been  already  often  observed  in  the  present  form,  is  that  of 
its  being  a diplomatic  corps,  a government  by  and  for  states,  and 
not  in  any  view  of  it  a national  one.  In  changing  it,  the  object 
should  be  to  correct  that  defect  in  all  cases  whatever,  so  far  as  it 
might  be  practicable,  which  can  only  be  done  by  taking  the  ap- 
pointment of  all  its  officers  out  of  the  hands  of  the  states,  in  their 
legislative  characters,  and  placing  it  in  those  of  the  people,  or 
electors  by  them  appointed  for  the  purpose.  This  has  been  done 
with  the  members  of  the  house  of  representatives,  but  departed 
from  with  those  of  the  Senate.  This  branch  will  therefore  be  in 
every  respect  the  representative  of  the  states,  dependent  on  and 
responsible  to  them  for  their  conduct.  In  forming  a right  estimate 
of  the  consequences  resulting  from  this  property  in  the  character 
of  this  body,  and  of  the  tone  it  may  give  to  the  measures  of  the 
government,  we  must  examine  its  powers  in  every  direction,  and 
pursue  its  operation  upon  every  subject.  And  first  as  to  its  share 
in  the  legislature  or  its  influence  upon  all  legislative  acts. 

The  senate  has  an  absolute  negative  upon  all  laws  ; from  this 
it  results  that  those  not  for  the  advantage  of  the  states,  or  the 
prevailing  faction  in  the  government,  to  which  they  respectively 
belong  will  by  those  thus  circumstanced  be  rejected  ; for  it  is  to 
be  presumed  that  because  ten  members  from  Virginia,  eight  from 
Massachusetts  or  Pennsylvania  in  the  house  of  representatives, 
have  passed  a bill,  whilst  one  from  Rhode  Island  or  Delaware 
only  had  rejected  it,  that  these  will  give  up  their  equal  suffrage  in 
the  senate  ? Is  it  not  more  presumable  that  their  senators  will 
look  on  at  the  nominal  and  unimportant  superiority  of  those  states, 
in  the  other  house,  laugh  at  their  supposed  triumph,  and  await 
coolly  its  submission  to  their  board,  where  its  fate  will  be  inevit- 
able ? Or  is  it  to  be  supposed,  that  the  right  to  originate  money 
bills,  a thing  proper  in  itself,  being  the  more  democratic  branch. 


APPENDIX. 


335 


in  the  house  of  representatives,  will  controul  this  disposition, 
especially  when  we  recollect  that  they  are  both  only  representative 
branches,  equally  dependent  on  the  passage  of  such  a bill  for 
their  wages  or  salary,  and  that  the  members  of  the  latter  holding 
their  offices  for  a shorter  term,  have  perhaps  not  been  able  to  in- 
troduce such  a degree  of  oeconomy  and  order  into  their  finances. 
This  is  a check  of  great  importance  in  the  English  constitution, 
and  indeed  the  preservation  of  the  democracy,  but  the  construc- 
tion and  principles  of  the  two  governments  are  so  radically 
different,  that  it  will  be  easily  perceived  by  the  slightest  observer, 
the  same  effects  are  not  to  be  expected  from  it,  at  least  not  to  the 
same  extent  in  this,  that  are  experienced  in  that.  Making  due 
allowance  for  those  considerations  that  should  be  taken  into  view, 
I am  therefore  led  to  believe  that  the  defective  principles  of  the 
present  government,  through  the  means  of  the  senate,  in  respect 
to  form  and  representation,  have  been  communicated  to  this 
branch  of  the  constitution.  Appointed  by  the  states  and  of 
course  responsible  to  them  for  their  conduct,  the  senators  will  act 
for  those  to  which  they  respectively  belong  ; nor  can  we  reason- 
ably expect  from  their  concession  any  great  accommodation. 
Thus  the  state  spirit,  with  an  equality  among  the  members  of  the 
union,  will  be  preserved  in  this  branch  of  the  government,  and  if 
there  was  an  absolute  necessity  for  yielding  the  point  of  representa- 
tion, yet  none  suggests  itself,  at  least  to  me,  for  not  remedying  the 
defect  in  the  form,  which  has  been  found  so  pernicious  in  the 
present  one. 

By  the  consent  of  two  thirds  of  the  senators  present.,  treaties 
shall  be  formed  ; by  that  of  a majority,  ambassadors,  other  pub- 
lic ministers,  and  consuls,  judges  of  the  supreme  court  and  other 
public  officers  not  otherwise  provided  for  by  law,  shall  be  ap- 
pointed. The  subjecting  the  decision  of  important  questions  to 
a dependence  on  the  occasional  presence  or  absence  of  any  of 
the  members,  more  especially  as  no  quorum  is  established,  ap- 
pears to  me  improper.  If  the  vote  of  two  thirds  of  the  body  is  in 
any  instance  necessary,  for  the  security  of  the  interests  of  any 
part  of  the  union,  why  should  the  death  or  delinquency  of  a 
member  deprive  it  of  this  safeguard,  by  submitting  them  to  the 
controul  of  perhaps  less  than  one  fourth  ? It  is  further  to  be  ob- 


336  THE  WRITINGS  OF  JAMES  MONROE. 


served  that  whatever  influence  this  branch  may  have  in  directing 
the  measures  of  the  executive,  from  the  nature  of  its  appointment, 
will  be  exerted  to  give  it  a narrow  state  byas,  and  that  from  this 
source  alone,  constructed  as  the  two  branches  are,  much  injury  is 
to  be  expected  from  this  extraordinary  coalition. 

“ The  senate  shall  have  the  sole  power  to  try  all  impeach- 
ments.” The  president  is  to  act  under  their  controul  in  the  cases 
above  stated,  if  in  any  instance  a wanton  violation  by  their  di- 
rection or  permission  should  be  made,  which  though  not  probable 
is  yet  practicable,  of  the  rights  or  interests  of  any  part  of  the 
community,  and  after  solemn  debate  in  the  house  of  representa- 
tives, this  high  officer  should  be  brought  by  impeachment  before 
this  body  to  expiate  his  offence,  what  would  be  his  fate,  especially 
as  he  still  held  his  office  and  might  wield  his  powers  in  his  de- 
fence ? A king  of  England  involved  himself  in  great  difficulties 
by  an  attempt  to  establish  the  validity  of  a general  pardon,  but 
had  the  constitution  submitted  the  trial  of  state  offenders  to  him- 
self, there  would  have  been  no  occasion  for  the  contest.  Admit- 
ting however  the  members  of  this  body  to  be  incapable  of  moral 
turpitude,  may  we  not  suppose,  as  might  be  the  case  in  that  of  an 
individual  state,  in  the  operation  of  this  government,  that  offences 
might  be  committed  against  one  quarter  of  the  community,  and 
which  before  a dispassionate  court  would  receive  severe  repre- 
hension, would  be  highly  beneficial  to  the  others  ? And  in  such 
a case  could  we  expect  from  the  representatives  of  these  states  a 
candid  or  impartial  decision  against  the  interests  of  their  con- 
stituents ? 

The  placing  the  executive  power  in  the  hands  of  one  person, 
appears  to  be  perfectly  right.  If  this  branch  had  been  put  into 
commission,  the  state  spirit  would  have  been  communicated  to  it, 
and  have  tainted  all  its  measures  ; in  addition  to  this  there  would 
have  been  less  responsibility.  But  the  mode  of  election,  does  not 
in  all  respects  appear,  to  merit  such  commendation.  A departure 
from  the  strict  representative  line,  by  adding  the  equal  vote  of  the 
senate  to  the  number  each  state  hath  in  the  house  of  representa- 
tives, is  made  in  the  first  instance  ; but  it  is  still  more  exception- 
able in  other  respects.  If  an  election  shall  not  be  made,  and  in 
all  probability  this  will  often  be  the  case,  indeed  the  presumption 


APPENDIX. 


337 


is  the  contrary  will  seldom  happen,  a very  extraordinary  sub- 
sidiary mode  is  resorted  to.  Those  having  the  five  highest  votes 
are  to  be  ballotted  for  by  the  house  of  representatives,  the  vote  to 
be  taken  by  states,  and  one  member  from  each  giving  the  vote  of 
the  state.  All  cases  that  the  constitution  will  admit  of,  should  be 
considered  as  likely  to  happen  some  time  or  other.  No  person 
then  I am  persuaded  who  will  make  the  calculation,  can  behold 
the  facility  by  which  the  chair  of  the  United  States  may  be  ap- 
proached and  atchieved,  even  contrary  to  the  wishes  of  the  people, 
without  equal  anxiety  and  surprize.*  Let  it  be  admitted  that  the 
temper  of  the  times  and  the  ardent  spirit  of  liberty  which  now 
prevails,  will  guard  it  for  the  present  from  such  easy  access  ; but 
that  person  has  profitted  but  little,  from  the  faithful  admonition 
which  all  history  has  given  him,  who  shall  conclude  from  thence, 
that  this  will  always  be  the  case.  His  right  to  remain  in  office 
after  impeachment,  with  the  influence  though  diminished,  still  at- 
tending it,  appears  to  be  highly  improper.  That  of  adjournment 
in  case  of  impeachment  between  the  two  branches,  to  such  time 
as  he  shall  think  fit,  is  certainly  too  unqualified  and  extensive.  The 
impropriety  of  the  union  of  this  branch  with  the  senate  has  already 
been  sufficiently  dilated  on  ; it  will  therefore  be  unnecessary  to 
repeat  the  same  arguments  here.  Contemplating  however  the 
consequences  of  this  union,  the  expiration  of  his  service,  should 
in  my  opinion  be  accompanied  with  a temporary  disqualification. 
The  senators,  would  to  save  the  commonwealth  from  injury,  be 
able  to  give  instruction  to  a new  president,  and  it  would  perhaps 
be  better,  to  change  occasionally  the  acting  party,  of  a combina- 
tion that  might  otherwise  be  dangerous. 

From  the  first  clause  respecting  the  judiciary  it  is  obvious,  that 
the  Congress,  although  there  shall  be  one  Supreme  Court  only, 
may  establish  as  many  subordinate  to  it,  as  they  shall  think  fit.  The 
presumption  is,  they  will  establish  so  many  as  shall  be  necessary 
for  the  discharge  of  the  functions  of  the  department,  to  the  ad- 
vantage of  the  government,  and  benefit  of  the  people.  The  ex- 
tent therefore  of  the  duties  which  become  the  exclusive  object  of 

* It  is  obvious  that  seven  men  only  may  elect  the  President,  the  constitution 
has  not  been  copied  nor  any  part  of  it,  because  it  is  presumed  to  be  in  the 
memory  of  every  person. 

VOL.  I. — 22 


338  THE  WRITINGS  OF  JAMES  MONROE. 


a foederal  court,  may  give  some  insight  into  that  establishment 
they  might  probably  adopt ; and  when  we  observe  that  the  cogni- 
zance of  all  cases  arising  under  the  constitution  and  the  laws, 
either  of  a civil  or  criminal  nature,  in  law  or  equity,  with  those 
other  objects  which  it  specifies,  even  between  the  citizens  of  the 
same  state,  are  taken  from  those  of  each  state  and  absolutely  ap- 
propriated to  the  courts  of  the  United  States,  we  are  led  into  a 
view  of  the  very  important  interests  it  comprehends,  and  of  the 
extensive  scale  upon  which  it  operates.  It  will  therefore  be  the 
duty  of  Congress  to  organize  this  branch,  by  the  establishment  of 
such  subordinate  courts,  throughout  the  whole  confederacy,  in 
such  manner  as  shall  be  found  necessary  to  support  the  authority 
of  the  government,  and  carry  justice  home,  so  far  as  it  may  be 
practicable,  to  the  doors  of  all  its  inhabitants.  What  mode  may 
be  best  calculated  to  accomplish  this  end,  belongs  to  that  body  to 
determine.  Bound  by  no  rule  they  may  it  is  true  (as  in  the  com- 
mencement they  probably  would)  avail  themselves  of  those  of 
each  state  ; but  this  would  be  a measure  of  expedience  only  and 
not  of  right,  and  may  hereafter  be  changed  as  the  fortunes  of  the 
government,  and  considerations  of  expedience  may  dictate.  How 
far  it  may  be  proper  to  authorise  the  subjects  of  foreign  powers 
to  carry  the  citizens  of  any  state  into  a foederal  court,  and  after- 
wards by  appeal  into  the  Supreme  Court,  is  of  questionable  pro- 
priety. The  principal  argument  in  its  favour  appears  to  be  that 
of  securing  the  United  States  from  the  danger  of  controversies 
with  such  powers,  under  the  partial  decisions  of  those  of  the  in- 
dividual states.  But  if  they  knew  such  cases,  were  by  a funda- 
mental of  our  government  submitted  to  them,  it  were  reasonable 
to  suppose,  that  all  just  cause  of  complaint,  would  be  removed. 
The  submission  to  a foederal  court  of  contests  upon  ordinary 
subjects,  between  citizens  of  the  same  state,  or  even  of  different 
states,  or  indeed  upon  any  subject,  that  did  not  arise  under  terri- 
torial controversies  between  states,  and  which  originally  belonged 
to  that  court,  appears  to  be  highly  improper  and  altogether  un- 
necessary. The  appeal  as  to  fact  is  still  more  extraordinary  and 
exceptionable.  The  verdict  which  has  been  found  must  of  course 
be  set  aside,  and  the  court  subjected  to  the  necessity  of  either 
trying  the  cause  upon  the  evidence  already  given,  with  liberty  to 


APPENDIX. 


339 


construe  it  at  pleasure  ; of  hearing  it  over  again  admitting  other 
evidence,  being  judges  of  the  fact  themselves  ; or  submitting  it  to 
another  jury  to  find  a second  verdict,  either  of  which  modes  ap- 
pears to  be  highly  exceptionable  ; for  if  the  court  become  judges 
of  fact  under  the  old  or  a new  trial,  the  right  of  trial  by  jury  is 
dispensed  with  ; and  if  a second  jury  shall  be  summoned,  inde- 
pendent of  the  difficulty  and  hardship,  attending  the  submission 
of  controversies  contracted  at  the  extremities  of  the  union,  by  peo- 
ple in  some  degree  variant  in  their  manners,  customs,  and  preju- 
dices, to  a jury  formed  of  those  of  any  one  town,  the  parties  are 
necessarily  exposed  to  the  loss  of  time,  (of  importance  especially 
to  the  lower  classes  of  society)  and  the  enormous  expence  insep- 
arable from  a tryal  carried  on  at  a great  distance  from  home. 
What  necessity  there  can  be,  so  effectually  to  lay  aside  the  state 
courts  (which  though  perhaps  improperly  organized  at  present  are 
yet  capable  of  improvement)  and  subject  the  good  people  of 
America  to  such  new  and  unheard  of  difficulties,  I must  confess 
I am  not  able  to  comprehend,  nor  can  I readily  foresee  the  very 
important  consequences  into  which  it  may  lead. 

Having  now  taken  a view  as  concisely  as  I have  been  able,  of 
the  defects  of  the  present  system,  suggested  the  remedy  with  the 
principles  upon  which  it  is  founded,  examined  the  constitution 
by  that  standard,  and  shewn  wherein  I have  approved  or  dis- 
approved of  it,  perhaps  it  may  be  expected  (as  a deduction 
from  the  foregoing  principles)  that  I should  make  some 
calculation,  of  the  probable  course  and  ultimate  fate  of  the 
government,  should  it  be  adopted  in  its  present  form,  since 
it  might  have  some  influence  upon  your  opinion  in  the  present 
instance.  This  must  however  be  altogether  conjectural,  for 
in  the  operation  of  government,  as  in  that  of  all  other  powers 
after  consequence  have  been  clearly  demonstrated,  as  resulting 
from  certain  causes,  oftentimes  some  incident,  not  contemplated, 
nor  taken  into  the  combination,  or  extra  circumstances  arises, 
that  gives  it  a different  direction.  To  form  any  estimate  in 
this  repect  some  peculiarities  present  themselves  to  view  very 
deserving  of  attention.  The  mixture  between  the  general  and 
state  governments,  being  partly  a consolidated  and  partly  a con- 
federated one,  suggests  a balance  between  sovereignties  that 


340  THE  WRITINGS  OF  JAMES  MONROE. 


is  new  and  interesting.  So  far  as  it  proceeds  from  the  people 
and  its  powers  embrace  the  care  of  their  interests,  it  partakes 
of  the  qualities  of  the  former  ; and  so  far  as  the  state  gov- 
ernments remain  of  the  latter.  In  weighing  the  momentum  of 
their  relative  strength  or  force  it  is  no  less  difficult  to  determine 
which  will  preponderate.  Founded  alike  by  the  people,  by  the 
people  also  may  either  be  changed  at  pleasure.  If  the  precise 
boundary  had  been  drawn  between  them,  the  proper  checks 
established,  and  the  general  government  well  poised,  it  might  for 
a long  time,  and  I should  hope  forever,  be  stationary  ; defective 
in  these  respects  it  will  probably  soon  experience  a change.  Pur- 
suing a natural  course  under  those  shocks  it  must  expect,  without 
any  foreign  impression  to  give  it  the  fairest  hopes,  let  us  enquire 
what  the  interests  of  the  people  will  dictate,  for  let  that  be  its 
direction.  Independent  state  sovereignties,  or  partial  confedera- 
cies, have  been  reprobated  in  its  commencement.  Its  foundation 
has  been  laid  on  the  ruin  of  all  schemes  that  had  that  tendency, 
and  it  is  presumable  it  would  in  no  event  embrace  either,  at  least 
until  it  had  experienced  a great  vicissitude  of  fortunes.  If  then 
it  escaped  the  first  paroxisms,  the  severe  struggles,  and  violent 
efforts  against  it,  exposed  it  to,  its  establishment  might  be  con- 
sidered as  complete.  And  suppressing  the  spirit  of  opposition, 
its  constitutional  basis  will  be  found  broad  and  extensive.  It  is 
not  the  aid  of  the  Delphic  oracle,  the  blind  zeal  of  enthusiasm, 
that  will  be  called  in  to  its  support.  It  has  the  protection  of  the 
true  religion,  of  divine  authority  itself,  to  shield  it  from  danger. 
The  exercise  of  powers  in  common  that  will  be  allowed  of  in  its 
commencement,  must  yield  on  the  part  of  the  states,  to  its  acquir- 
ing strength.  And  wielding  those  the  constitution  has  given  it 
without  availing  itself  of  such  as  were  constructive,  the  state  gov- 
ernments, under  this  progress,  would  soon  become  a burthen  to 
the  people.  The  confederated  principle,  or  the  spirit  of  state 
sovereignty,  would  however  not  be  inactive,  but  operate  so  as  to 
bring  on  the  crisis  ; and  the  constitution  itself  presents  a fruitful 
source  of  controversy,  for  the  spirit  of  accommodation,  or  the 
mutual  fear  of  danger,  must  be  great,  where  the  line  between 
them  is  not  exactly  drawn,  if  they  do  not  interfere.  If  this  gov- 
ernment had  been  organized  over  one  state,  with  a moderate 


APPENDIX. 


341 


extent  of  territory,  its  natural  progress,  through  the  Senate,  would 
be  to  aristocracy.  But  as  it  is  I am  inclined  to  believe,  that 
although  in  its  operation  it  may  bear  that  tone,  yet  when  it  be- 
comes convulsed  and  experiences  a change,  it  will  hold  a different 
direction.  Even  the  construction  of  that  branch  in  its  operation 
will  contribute  to  hurry  it  into  monarchy,  and  our  earnest  hopes 
and  prayers  should  be,  every  circumstance  considered,  that  it  be 
a limited  one.  For  these  reasons  and  not  that  I fear  any  danger 
to  the  liberties  of  our  country,  from  the  effective  force  of  the 
government,  exerted  immediately  against  the  good  people  of 
America,  could  I wish  those  checks  and  guards  adopted,  omitted 
at  present  from  neglect  and  an  over  confidence  of  our  security, 
but  which  it  is  possible  if  the  present  opportunity  is  lost,  we  may 
contend  for  hereafter  in  vain.  Political  institutions,  we  are  taught 
by  melancholy  experience,  have  their  commencement,  maturity 
and  decline  ; and  why  should  we  not  in  early  life,  take  these  pre- 
cautions that  are  calculated  to  prolong  our  days,  and  guard 
against  the  diseases  of  age  ? Or  shall  we  rather  follow  the 
example  of  the  strong,  active,  and  confident  young  man,  who  in 
the  pride  of  health,  regardless  of  the  admonitions  of  his  friends, 
pursues  the  gratification  of  unbridled  appetites,  and  falls  a victim 
to  his  own  indiscretion,  even  in  the  morn  of  life,  and  before  his 
race  had  been  fairly  begun. 

I have  to  apologize  for  the  trouble  I have  given  you  in  the 
perusal  of  these  observations.  I owe  it  to  myself  however  to  ob- 
serve that  the  bounds  within  which  I have  been  under  the  neces- 
sity of  confining  this  letter  has  prevented  my  going  into  that 
detail,  often  necessary,  especially  on  so  intricate  a subject  for  the 
sake  of  illustration  ; and  the  want  of  leisure  has  I fear,  prevented 
even  a tolerable  degree  of  correctness.  But  if  I have  been  able 
to  explain  myself  to  your  satisfaction  I shall  be  contented.  Upon 
the  whole  it  results  that  although  I am  for  a change,  and  a radical 
one,  of  the  confederation,  yet  I have  some  strong  and  invincible 
objections  to  that  proposed  to  be  substituted  in  its  stead.  Those 
of  less  weight  might  be  yielded  for  the  sake  of  accommodation  ; 
but  until  an  experiment  shall  prove  the  contrary,  I shall  always 
believe  that  the  exercise  of  direct  taxation  and  excise,  by  one 
body,  over  the  very  extensive  territory  contained  within  the 


342  THE  WRITINGS  OF  JAMES  MONROE. 


bounds  of  the  United  States,  will  terminate  either  in  anarchy  and 
a dissolution  of  the  government,  or  a subversion  of  liberty.  The 
judiciary  I consider  as  illy  organized  and  its  powers  as  too  exten- 
sive ; the  whole  government  in  a great  measure  without  responsi- 
bility, and  the  rights  of  men  too  loosely  guarded.  And  when  I 
behold  the  Senate,  a corps  more  deplomatic  in  its  principle,  per- 
manent in  its  station,  and  systematic  in  its  operations,  than  even 
the  late  Congress  itself,  wielding  in  the  one  hand  the  strong  pow- 
ers of  the  Executive,  and  with  the  other  controuling  and  modify- 
ing at  pleasure,  the  movements  of  the  legislature,  I must  confess 
that  not  only  my  hopes  of  the  beneficial  effects  of  the  government, 
are  greatly  diminished,  but  that  my  apprehensions  of  some  fatal 
catastrophe  are  highly  awakened.  We  have  struggled  long  to 
bring  about  this  revolution,  we  have  fought  and  bled  freely  to  ac- 
complish it,  and  in  other  respects  braved  difficulties  almost  with- 
out a parallel.  Why  then  this  precipitation,  why  this  hurry  upon 
a subject  so  momentous,  and  equally  interesting  to  us  all  ? Is  it 
to  be  supposed  that  unless  we  immediately  adopt  this  plan,  in  its 
fullest  extent,  we  shall  forever  lose  the  opportunity  of  forming 
for  ourselves  a good  government  ? That  some  wild  phrensy  or 
delirium  of  the  brain  will  seize  upon  us,  and  losing  all  recollection 
of  things  past,  and  abandoning  the  social  ties  that  bind  mankind 
together,  we  shall  fall  into  some  strange  and  irretrievable  disor- 
der ? Or  is  it  not  more  natural  to  suppose  that  perfection  in  any 
science,  if  attainable  at  all,  is  to  be  approached  by  slow  and 
gradual  advances,  and  that  the  plan  of  government  now  presented 
for  your  inspection,  though  a powerful  effort  of  the  human  mind, 
is  yet  to  be  improved  by  a second  essay  ? 

The  subject  now  submitted  to  you,  is  no  less  interesting  than  it 
is  important.  Providence  hath  long  seen  nine-tenths  of  the 
habitable  globe  immersed,  and  groaning  under  the  dreadful  op- 
pressions of  slavery.  To  the  people  of  America,  to  you  it  be- 
longs to  correct  the  opposite  extreme.  To  form  a government 
that  shall  shield  you  from  danger  from  abroad,  and  promote  your 
general  and  local  interests,  protect  in  safety  the  life,  liberty,  and 
property,  of  the  peaceful,  the  virtuous  and  the  weak,  against  the 
encroachments  of  the  disorderly  and  licentious.  Whether  they 
are  now  endangered,  whether  the  plan  now  before  you,  presented 


APPENDIX, 


343 


under  the  most  faithful  and  illustrious  auspices  ; under  the 
auspices  of  men  of  whose  abilities  and  integrity  you  have  long 
had  the  most  satisfactory  proofs,  and  who  to  the  most  important 
services,  by  abandoning  the  enjoyments  of  a peaceful  and  happy 
retirement,  have  added  this  further  testimony,  of  their  never  fail- 
ing attachment  to  the  interests  of  their  country,  will  accomplish 
this  end,  or  is  capable  of  still  further  improvement,  belongs  to 
you  to  determine.  To  differ  in  any  respect  from  these  men,  is 
no  pleasant  thing  to  me  ; but  being  called  upon  an  awful  stage 
upon  which  I must  now  bear  a part,  I have  thought  it  my  duty  to 
explain  to  you  the  principles  on  which  my  opinions  were  founded, 
under  this  further  assurance,  that  if  after  a candid  review,  they  shall 
appear  indefensible,  I will  most  cheerfully  submit  to  be  governed 
by  your  wishes,  and  obey  other  instructions. 


APPENDIX  II. 


345 


viy 


't 


OBSERVATIONS 


UPON  THE  PROPOSED  PLAN  OF 

FEDERAL  GOVERNMENT* 


WITH  AN  ATTEMPT  TO  ANSWER  SOME  OF  THE.  PRINCIPAE 
OBJECTIONS  THAT  HAVE  BEEN  MADE  TO  IT.. 


By  a Native  of  VIRGINIA, 


PETERSBURG: 

pRTNTEa  BY  HUNTER  and  P R E N T I Sr 
UfDCC^LKKKVnU 


347 


APPENDIX  11. 

OBSERVATIONS  ON  THE  FEDERAL  GOVERNMENT.* 

IT  was  discovered,  soon  after  the  peace,  that  the  Confedera- 
tion, in  its  present  form,  was  wholly  inadequate  to  the  end 
of  its  creation  ; that  of  making  America  one  State,  for  great  na- 
tional purposes.  As  soon  as  peace  took  place,  confusion  in  every 
department  of  Congress,  ruin  of  public  and  private  credit,  decay 

* “ Sm.  4to.  pp.  64,  (2).  No  mention  is  made  of  this  pamphlet  in  Gilman’s 
Life  of  Monroe^  nor  in  any  bibliography.  There  was  a copy  in  the  Jefferson 
Library,  but  it  was  lost  in  the  fire  of  1839,  and  the  above  is  the  only  copy  I 
have  been  able  to  find.” — Curtis,  Constitutional  History,  page  739.  This 
pamphlet,  attributed  to  Monroe,  before  the  discovery  of  Appendix  I,  is  among 
the  Madison  Papers  in  the  Department  of  State.  Mr.  A.  P.  C.  Griffin,  when 
compiling  the  Catalogue  of  the  Washington  Collection  in  the  Boston 
Athenaeum,  had  called  the  Editor’s  attention  to  the  fact  that  Monroe  sent  a 
copy  of  his  pamphlet  [Appendix  I]  to  Washington  on  February  15,  1789. 
General  Washington  in  acknowledging  it  wrote:  “ Dear  Sir, — I received  by 
the  last  mail  your  letter  dated  the  15th  of  this  month,  accompanied  with  your 
printed  observations  on  the  new  Constitution,  and  am  much  obliged  by  this 
token  of  your  polite  attention.  However  I may  differ  with  you  in  sentiment  on 
some  of  the  points,  which  are  advocated  in  your  Treatise  ; I am  pleased  in  dis- 
covering so  much  candour  and  liberality  as  seem  to  predominate  in  your  style 
and  manner  of  investigation.  That  a spirit  of  unanimity,  accomodation  and 
rectitude  may  prevail  so  extensively  as  to  facilitate  the  means  for  removing  any 
well  grounded  apprehensions  of  the  possible  future  ill  consequences  which  may 
result  from  the  general  government  is  the  sincere  wish  of,  D.  Sir,  your  most 
obedt  & very  humble  Servb  Ge^  Washington. — Mount  Vernon,  February  23, 
1789.”  The  subjects  of  Monroe’s  views  and  remarks  in  the  Virginia  Conven- 
tion are  summarized  under  the  following  : Fate  of  ancient  Nations.  Review 
of  ancient  Leagues  ; Germany,  Swiss,  Netherlands.  Western  Posts.  Confed- 
eration ; comparative  power  in  the  Federal  Constitution.  Division  of  Power. 
Presidential  responsibility  ; its  connection  with  the  Senate.  Government  in  the 
hands  of  the  States  and  therefore  dangerous.  Deplorable  state  of  the  Country 


349 


350  THE  WRITINGS  OF  JAMES  MONROE. 


of  trade,  and  loss  of  importance  abroad,  were  the  immediate  con- 
sequences of  the  radical  defects  in  the  Confederation.  During 
the  war  the  fear  of  a powerful  enemy  answered  all  the  purposes 
of  the  most  energetic  government.  But  as  soon  as  that  fear  was 
removed,  the  thirteen  United  States  began  to  draw  different  ways. 
Some  refused  to  ratify  the  treaty  of  peace  ; others  neglected  to 
pay  up  their  respective  quotas  to  the  public  treasury  ; and  others 
absolutely  rejected  the  most  salutary  propositions  of  Congress  ; 
propositions  to  which  the  greater  number  of  States  readily  as- 
sented. In  vain  have  Congress  called  upon  the  different  States  to 
pay  up  their  quotas  in  order  to  support  the  falling  credit  of  America: 
In  vain  have  they  pointed  out  to  them  the  necessity  of  establish- 
ing their  public  faith  as  a nation,  by  complying  with  their  treaties  : 
In  vain  have  they  recommended  to  them  to  forego  their  own  im- 
mediate interests,  and  consider  the  interests  of  the  Union.  Con- 
gress might  advise,  or  recommend  measures  ; might  approve  the 
conduct  of  some  States,  and  condemn  that  of  others  ; might 
preach  up  public  faith,  honour,  and  justice  : But  was  this  suffi- 
cient to  preserve  a union  of  thirteen  States,  or  support  a national 
government  ? It  had  no  authority,  its  powers  expired  at  the 
peace,  became  a dead  letter,  for  the  fear  of  common  danger  was 
gone.  Peace,  which  to  other  nations  produces,  and  which  under 
other  circumstances  would  have  produced  to  us,  the  greatest 
blessings,  was  pregnant  with  the  greatest  evil  ; disunion,  the  cer- 
tain parent  of  internal  quarrels,  disorder,  and  blood-shed.  In  this 
situation  of  America,  some  of  the  best  and  wisest  of  her  citizens, 
lamenting  that  the  term  of  her  glory  was  so  short,  and  dreading 
the  fatal  consequences  which  would  necessarily  follow  from  dis- 
union, proposed  that  a Convention  of  the  States  should  be  called 
for  the  purposes  of  amending  the  Confederation.  The  wisdom  of 
the  measure  was  instantly  seen  : It  was  approved  by  Congress, 
recommended  to,  and  adopted  by  the  States. 

at  the  time  of  the  Mississippi  negotiation.  Interest  of  the  Western  States  to 
oppose  the  Constitution.  Project  of  the  Spanish  treaty.  President  ought  to  be 
responsible  to  the  States  ; his  election  ; may  continue  for  life.  Vice  President, 
unnecessary  office.  Conditional  ratification  not  dangerous  to  the  Union.  Fed- 
eral Convention  met  under  a loose  commission.  [See  Elliot’s  Debates  on  the 
Federal  Constitution,  vol.  3.] 


APPENDIX. 


351 


It  is  on  all  hands  agreed,  that  an  abler  or  more  upright  Assem- 
bly never  met  in  America,  than  the  late  Convention  held  at  Phil- 
adelphia. The  original  design  of  their  meeting  was  to  amend  the 
present  Articles  of  Confederation  : But  upon  consulting  together  ; 
upon  accurately  investigating  the  Confederation,  and  informing 
each  other  of  the  real  situation  of  their  respective  States,  they  saw 
so  many  radical  defects  in  tfee-one,  and  so  many  alarming  appear- 
ances in  the  other,  as  induced  them  readily  and  unanimously  to 

new  el 

modify  the  Federal  Constitution  : And  after  four  months  spent  in 
painful  enquiries,  and  diligent  labour,  produced  the  frame  of  gov- 
ernment now  offered  to  the  consideration  of  the  citizens  of  Amer- 
ica. A form  of  government,  which  the  President  of  the  Convention, 
with  the  modesty  peculiar  to  him,  acknowledges  to  be  in  some  re- 
spects defective  ; but  which  he  likewise  tells  us,  was  the  result 
of  a spirit  of  Amity,  and  of  that  mutual  deference  and  concession, 
which  the  peculiarity  of  our  political  situation  rendered  indispen- 
sable.” 

When  we  take  a view  of  the  respectable  names  who  met  upon 
this  occasion,  and  composed  this  plan  of  government,  we  ought 
to  approach  it  with  deference  and  respect.  Though  not  in  such 
a manner  as  to  deprive  us  of  the  power  of  discovering  its  faults  ; 
yet  with  such  liberality  as  will  lead  us  to  consider  it  as  the  result 
of  the  deliberations  of  good  and  able  men,  actuated  by  just  mo- 
tives, and  governed  by  pure  principles.  Men  not  swayed  by  self- 
ish prospects,  but  urged  to  action  by  general  philanthropy,  and 
the  desire  of  handing  to  posterity  the  best  form  of  Federal  Gov- 
ernment, that  America  is  capable  of  receiving,  or  perhaps  that 
was  ever  offered  to  the  consideration  of  mankind. 

If  we  read  the  proposed  plan  under  these  ideas,  and  think  we 
discover  imperfections,  and  faults  ; ought  we  not  rather  to  distrust 
our  own  perceptions,  than  the  understandings  of  its  makers  ? 
Because  it  is  much  more  probable,  that  a single  reader,  even  of 
great  capacity,  should  be  mistaken,  than  that  so  respectable  a 
body  as  the  Convention,  with  minds  equally  enlightened,  and 
more  unbiased,  should,  after  the  freest  and  fullest  investigation  of 
this  important  subject,  be  wrong. 

I confess  I am  not  one  of  those  who  would  adopt  without  con- 


352  THE  WRITINGS  OF  JAMES  MONROE. 


sideration,  or  blindly  pursue  a plan  produced  by  any  body  of 
men,  however  eminent  their  characters  for  wisdom  and  virtue. 
“ Not  to  pin  my  faith  upon  the  sleeve  of  any  man,”  was  one  of  my 
earliest  lessons.  However,  I am  persuaded  that  the  work  before 
us,  requires  no  blind  followers  : but  standing  upon  the  basis  of 
its  intrinsic  merit,  possesses  strength  sufficient  to  withstand  the 
shocks  of  its  most  powerful  enemies.  Often  have  I read  this 
work  ; and  sometimes  discovered,  as  I thought  important  defects  ; 
yet  upon  doubting  my  own  judgment,  and  reading  it  again,  have 
generally  found  the  fault  in  myself,  not  in  the  Constitution.  Yet 
I will  not  pretend  to  say  that  it  is  perfect.  Did  perfection  ever 
come  from  the  hands  of  man  ? If  it  were  perfect,  it  would  be  illy 
suited  to  our  imperfect  capacities.  Government  in  itself  is  not  a 
positive  good  ; but  something  introduced  by  societies  to  prevent 
positive  evil.  The  best  frame  of  government  is  that  which  is 
most  likely  to  prevent  the  greatest  sum  of  evil.  Such  I apprehend 
is  the  government  now  under  consideration.  Had  the  design  of 
the  Convention  been  to  frame  a Constitution  for  any  individual 
State,  they  might  perhaps  have  produced  one,  in  the  abstract,  still 
nearer  perfection.  But  far  different  was  the  purpose  of  their 
meeting  ! and  I feel  myself  happy  in  concurring  with  that  august 
body  in  thinking,  that  it  is  the  best  government  which  could  be 
obtained  for  the  thirteen  States  of  America.  Under  this  impres- 
sion I shall  attempt  to  explain  those  parts  of  it  which  are,  or  have 
been  supposed  to  be  difficult  ; and  to  answer  some  of  the  princi- 
pal objections  which  have  been  made  to  it. 

Before  we  enter  into  a discussion  of  the  different  articles 
which  compose  the  Constitution,  it  may  not  be  improper  to  take 
into  consideration  the  question  respecting  a Bill  of  Rights  ; which 
many,  from  habit  and  prejudices,  rather  than  from  reason,  and 
truth,  have  thought  necessary  ; and  upon  the  want  of  it  have 
founded  one  of  their  principal  objections. 

Few  people  knew  the  origin  of  the  term  ; still  fewer  have  con- 
sidered, without  prejudice,  the  necessity  of  the  thing.  What  is  a 
Bill  of  Rights  ? A declaration  insisted  on  by  a free  people,  and 
recognized  by  their  rulers,  that  certain  principles  shall  be  the  in- 
variable rules  of  their  administration  ; because  the  preservation  of 
these  principles  are  necessary  for  the  preservation  of  liberty.’  If 


APPENDIX. 


353 


definition 

this  distinction-  be  just  ; can  there  be  a difference,  whether  these 
principles  are  established  in  a separate  declaration,  or  are  inter- 
woven and  made  a part  of  the  Constitution  itself  ? Is  an  infringe- 
ment of  a Bill  of  Rights  by  the  Governing  powers,  of  more 
serious  consequence,  than  an  infringement  of  the  frame  of 
government  ? The  question  carries  the  answer  along  with  it. 
That  there  is  no  distinction  between  them  is  a truth,  an  attempt 
to  prove  which  would  be  an  offence  against  common  sense. 

Of  all  the  European  governments  a Bill  of  Rights  is  known,  I 
believe,  to  that  of  England  alone.  The  cause  of  this  is  obvious. 
The  liberty  of  that  country  has  been  procured  and  established  by 
gradual  encroachments  upon  the  regal  powers  seized  by,  if  not 
yielded  to,  the  first  Prince  of  the  Norman  family.  The  first 
declaration  of  this  sort  found  in  the  history  of  that  government, 
is  the  Charter  of  Hen.  the  ist,  obtained  in  consequence  of  that 
Monarch’s  feeble  title  to  the  Throne.  The  frequent  infractions 
of  that  Charter  by  Henry  himself,  as  well  as  by  subsequent 
Monarchs,  produced  the  famous  Magna  Charta  of  John,  which  is 
generally  considered  as  the  foundation  of  English  freedom. 
But  in  those  ages  of  darkness,  when  scarcely  a rule  of  descent 
was  fixed,  much  less  principles  in  politics  established.  Charters, 
or  Declarations  of  Rights,  were  soon  lost  sight  of,  whenever  in- 
terest induced,  and  circumstances  offered  opportunities  to  the 
English  Princes,  to  infringe  them. 

These  violations  gave  rise  to  the  Charter  of  Hen.  3d,  which  was 
of  much  more  importance  than  any  of  the  preceding  ; and  the 
discontents  and  confusions  which  led  to  it,  in  the  end  gave  birth 
to  the  House  of  Commons.  From  this  period  some  ideas  of 
liberty  began  to  prevail  in  the  nation,  but  which  for  a long  course 
of  years  was  obscured  by  turbulant  Barons,  long  and  destructive 
civil  wars,  and  the  arbitrary  government  of  an  able  line  of  Princes. 
The  art  of  printing,  the  reformation,  and  the  restoration  of  letters, 
at  length  enlightened  the  minds  of  men  : Just  ideas  of  liberty 
now  prevailed,  and  the  commons  saw,  that  if  the  powers  exercised 
by  the  Tudors  were  to  continue  in  their  new  Sovereigns,  all  hope 
of  liberty  was  at  an  end.  Their  restless  spirit  frequently  shewed 
itself  during  the  reign  of  Elizabeth  ; but  that  prudent  Princess 

VOL.  I. — 23 


354 


THE  WRITINGS  OF  JAMES  MONROE. 


had  the  address  to  allay  their  fears,  and  the  vigor  to  repress  their 
spirit.  A new  and  foreign  race  of  Princes  now  ascend  the 
Throne.  The  opportunity  was  not  to  be  lost  : Political  positions 
were  laid  down  in,  and  established  by  the  House  of  Commons, 
which  were  considered  by  many  as  extraordinary,  as  they  were 
true. 

James,  without  the  talents,  affected  to  reign  with  as  high  an 
hand  as  the  Tudors.  Charles  unfortunately  for  himself,  had  been 
educated  in  the  prejudices  of  his  father.  His  ill  advised  and 
arbitrary  measures,  involved  him  in  difficulties  which  produced 
the  Petition  of  Right  in  1628.  In  this  was  set  forth  the  unalien- 
able rights  of  English-men.  New  infractions  produced  new 
quarrels  ; which  terminated  in  a total  change  of  government. 
At  the  restoration  all  was  joy  and  festivity.  The  tide  of  royalty 
ran  too  high,  to  think  of  Bills  of  Rights,  or  privileges  of  English- 
men. The  conduct  of  James  the  2d.  the  last  King  of  that  ill 
fated  family,  involved  the  nation  in  fresh  discontents  : The 
Prince  of  Orange  is  called  to  its  assistance  : The  King  quits  the 
Kingdom  : The  Throne  is  declared  vacant  ; and  William  as- 
cended it  upon  terms  stipulated  in  a Bill  of  Rights.  It  may  be 
asked,  why  did  the  English  consider  a Bill  of  Rights  necessary  for 
the  security  of  their  liberty  ? The  answer  is,  because  they  had  no 
written  Constitution,  or  form  of  government.  For  in  truth  the 
English  Constitution  is  no  more  than  an  assemblage  of  certain 
powers  in  certain  persons,  sanctified  by  usage  and  defined  by 
the  authority  of  the  Sovereignty  ; not  by  the  people  in  any 
compact  entered  into  between  them  and  their  rulers. 

If  at  the  revolution  the  English  had  fully  marked  out  the  gov- 
ernment under  which  they  chose  in  future  to  live  without  content- 
ing themselves  with  establishing  certain  principles,  in  a Bill  of 
Rights,  can  there  be  a doubt,  but  that  such  frame  of  government 
would  have  supplied  the  place  of,  and  rendered  unnecessary,  a Bill 
of  Rights  ? 

Former  Princes  had  pretended  to  a divine  right  of  governing  : 
William  acknowledged  his  to  flow  from  the  people  ; and  previously 

compact 

to  his  ascending  the  Throne  entered  into  a contr-aet  with  them, 
which  recognized  that  just  and  salutary  principle.  Had  the  English 


APPENDIX. 


355 


at  this  time  limited  the  regal  power  in  definite  terms,  instead  of 
satisfying  themselves  with  a Bill  of  Rights,  there  would  have  been 
an  end  of  prerogative  ; but  they  from  habit  were  contented  with  a 
Bill  of  Rights,  leaving  the  prerogative  still  inaccurately  defined, 
to  claim  by  implification,  the  exercise  of  all  the  powers  not  denied 
it  by  that  declaration. 

When  the  United  Netherlands  threw  off  their  dependence  on 
the  Crown  of  Spain  and  passed  their  act  of  Union,  they  thought 
not  of  any  Bill  of  Rights  ; because  they  well  knew  that  the  States 
General  could  have  no  right  nor  pretext  to  pass  the  bounds  pre- 
scribed by  that  celebrated  act  : So  in  the  instance  before  us.  Con- 
gress have  no  right,  and  can  have  no  pretext,  to  pass  the  bounds 
prescribed  them  by  this  Federal  Constitution  ; and  the  powers  con- 
ceded to  the  Federal  Government  by  the  respective  States,  under 
this  government,  are  as  accurately  defined,  as  they  possibly  could 
have  been  in  a Declaration  of  Rights. 

When  Independence  was  declared  by  the  Americans,  they  had 
no  government  to  controul  them  : Were  free  to  chuse  the 
form  most  agreeable  to  themselves.  Six  of  these  States  have  no 
Bill  of  Rights  ; wisely  judging,  that  such  declarations  tend  to 
abridge,  rather  than  to  preserve  their  liberties.  They  considered 
their  Constitutions  as  the  evidence  of  the  social  compact  between 
the  governors  and  the  governed,  and  the  only  proof  of  the  rights 
yielded  to  the  former.  In  all  disputes  respecting  the  exercise  of 
power,  the  Constitution  or  frame  of  government  decides.  If  the 
Tight  is  given  up  by  the  Constitution,  the  governors  exercise  it  ; if 
not,  the  people  retain  it.  Each  of  the  remaining  seven  States  has 
a Declaration  of  Rights,  adopted  rather  from  habit  arising  from 
the  use  in  the  English  government,  than  from  its  being  necessary 
to  the  preservation  of  their  liberties. 


356  THE  WRITINGS  OF  JAMES  MONROE, 


PLAN  OF  THE  FEDERAL  CONSTITUTION. 

WE^  the  People  of  the -United  States,  in  order  to  form  a more  per- 
fect Union,  establish  Justice,  insure  domestic  Tranquillity,  pro- 
vide for  the  Common  Defence,  promote  the  General  Welfare^ 
and  secure  the  Blessings  of  Liberty  to  Ourselves  and  our  Pos- 
terity, do  Ordain  and  Establish  this  CONSTITUTION  for  the 
United  States  of  America. 

HE  introduction,  like  a preamble  to  a law,  is  the  Key  of  the 


Constitution.  Whenever  federal  power  is  exercised,  con- 


trary to  the  spirit  breathed  by  this  introduction,  it  will  be  uncon- 
stitutionally exercised,  and  ought  to  be  resisted  by  the  people. 


ARTICLE  /. 


Section  i.  All  legislative  powers  herein  granted,  shall  be  vested 
in  a Congress  of  the  United  States,  which  shall  consist  of  a Senate 
and  House  of  Representatives. 

It  is  necessary  to  observe  that.  Congress  consists  only  of  a 
Senate,  and  House  of  Representatives.  The  President  makes  no 
part  of  it  ; for  his  negative  only  amounts  to  a reconsideration  of 
the  public  measures  ; as  notwithstanding  his  disapprobation,  a 
bill  becomes  a law,  if  two-thirds  of  each  House  agree  to  it. 

Sect.  2.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several  States, 
and  the  electors  in  each  State  shall  have  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  State  Legislature. 

It  will  be  asked  by  some, — Why  should  the  Representatives  to 
Congress  be  elected  for  two  years,  when  in  Virginia  and  the  other 
States,  the  State  Delegates  are  annually  chosen  ? In  answer  to 
this  question  a variety  of  reasons  occur  ; such  as  that  they  will 
have  a great  distance  to  go  : That  the  purposes  of  their  Legisla- 
tion being  purely  federal,  it  will  take  them  some  time  to  become 
acquainted  with  the  situation  and  interests  of  the  respective 
States,  as  well  as  the  relative  situation  and  interest  of  the  whole 
Union.  That  it  would  be  difficult  to  get  men  of  abilities  to  serve 
in  an  office,  the  re-election  to  which  would  be  so  frequent.  If 
the  election  had  been  once  in  three  years,  it  would  perhaps  have 


APPENDIX. 

357 

l)een  an  improvement.  The  unstable  councils,  the  feeble  laws, 
the  relaxation  of  government  which  afflict  this,  and  almost  every 
State  in  the  Union,  may  justly  be  attributed  to  the  frequent 
changes  which  take  place  among  the  rulers  in  all  the  American 
governments. 

Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union^  according 
to  their  respective  numbers^  which  shall  be  determined  by  adding  to 
the  whole  nu7nber  of  free  persons,  including  those  bound  to  service  for 
a term  of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all 
other  persons.  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  United  States, 
and  within  every  subsequent  term  of  ten  years,  in  such  manner  as 
they  shall  by  law  direct.  The  number  of  Representatives  shall  not 
exceed  one  for  every  thirty  thousand,  but  each  State  shall  have  at 
least  one  Representative : And  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled  to  choose  three  ; 
Massachusetts  eight ; Rhode-Island  and  Providence  Plantations,  one  ; 
Connecticut,  five  ; New-  York,  six  j New  fpersey,  four  j Penn- 
sylvania, eight ; Delaware,  one ; Maryland,  six  ; Virginia,  ten  ; 
North-Car olina,  five  ; Sout h- Carolina,  five  j and  Georgia,  three. 

Every  free  person  counts  one,  every  five  slaves  count  three.  By 
this  regulation  our  consequence  in  the  Union  is  increased,  by  an 
increase  of  numbers  in  the  Congress.  But  some  objectors  argue 
that  this  arrangement  is  unjust  ; and  that  it  bears  hard  upon 
the  Southern  States,  who  have  been  accustomed  to  consider  their 
slaves  merely  as  property  ; as  a subject  for,  not  as  agents  to 
taxation  ; and  therefore  by  adding  three  fifths  of  our  slaves  to 
the  free  persons,  our  numbers  are  increased  ; and  consequently 
by  how  much  is  that  increase,  by  so  much  is  the  increase  of  our 
federal  burthen.  It  is  true,  that  slaves  are  property, — but  are 
they  not  persons  too  ? Does  not  their  labour  produce  wealth  ? 
And  is  it  not  by  the  produce  of  labour,  that  all  taxes  must  be 
paid  ? The  Convention  justly  considered  them  in  the  light  of 
persons,  rather  than  property  : But  at  the  same  time,  conceiving 
their  natural  forces  inferior  to  those  of  the  whites  ; knowing  that 
they  require  freemen  to  overlook  them,  and  that  they  enfeeble  the 


358  THE  WRITINGS  OF  JAMES  MONROE. 


State  which  possesses  them,  they  equitably  considered  five  slaves 
only  of  equal  consequence  with  three  free  persons.  What  rule 
of  federal  taxation  so  equal,  and  at  the  same  time  so  little  un- 
favourable to  the  Southern  States,  could  the  Convention  have 
established,  as  that  of  numbers  so  arranged  ? Suppose  the  value 
of  the  lands  in  the  respective  States  had  been  adopted  as  the 
measure  : Let  us  see  what  then  would  have  been  the  con- 
sequence. The  northern  States  are  comparatively  small  to  the 
Southern,  and  are  very  populous  ; whilst  to  the  southward,  the 
inhabitants  are  scattered  over  a great  extent  of  territory.  Any 
given  number  of  men  in  the  latter  States  possess  much  greater 
quantities  of  land,  than  the  like  number  in  the  former.  It  is  true 
the  lands  to  the  northward  sell  for  a greater  price  than  those  to 
the  southward,  but  the  difference  in  price  is  by  no  means  adequate 
to  the  difference  in  quantity  ; consequently  an  equal  number  of 
men  to  the  southward  would  have  to  pay  a much  greater  federal 
tax  than  the  like  number  to  the  northward. 

By  the  8th.  Article  of  Confederation,  the  value  of  lands  is 
made  the  measure  of  the  federal  quotas.  Virginia  in  consequence 
is  rated  something  above  Massachusetts,  whose  number  of  white 
inhabitants  is  nearly  double. 

After  all,  this  point  is  perhaps  of  no  great  consequence.  The 
Congress  probably  will  rarely,  if  ever,  meddle  with  direct  taxation, 
as  the  impost  duties  will  in  all  liklihood  answer  all  the  purposes  of 
government,  or  at  any  rate  the  post-office,  which  is  daily  increas- 
ing, and  a tax  upon  instruments  of  writing,  will  supply  any 
deficiency. 

Indians  are  mentioned  in  this  clause  because  there  are  nations 
of  Indians  within  the  limits  of  several  of  the  States. 

When  vacancies  happen  in  the  Representation  f rom  any  State,  the 
Executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

The  Convention  attentive  to  the  preservation  of  the  conse- 
quence of  each  State,  have  entrusted  to  the  Executives  thereof, 
the  power  of  issuing  writs  of  elections  when  vacancies  happen. 
An  additional  security  to  the  independance  of  the  individual 
States. 


APPENDIX. 

359 

The  House  of  Representatives  shall  chuse  their  Speaker  and  other 
officers  ; and  shall  have  the  sole  power  of  impeachfnent. 

The  Representatives  in  Congress  possess  the  sole  power  of  im- 
peachment : But  here  it  may  be  observed,  that  they  cannot  im- 
peach one  of  their  own  body  ; but  have  the  power  of  expulsion, 
when  two-thirds  of  their  body  shall  agree. 

Sect.  3.  The  Senate  of  the  United  States  shall  be  composed  of 
tivo  Senators  from  each  State,  chosen  by  the  Legislature  thereof,  for 
six  years  j and  each  Senator  shall  have  one  vote. 

The  inequality  of  the  representation  of  the  Senate,  has  been 
made  a great  ground  of  objection. 

We  should  never  forget  that  this  is  a government  proposed  for 
thirteen  independent  States,  unequal  in  population,  and  extent  of 
territory,  and  differing  in  a variety  of  other  circumstances.  It 
will  not  be  denied  that  the  small,  have  an  equal  right  to  preserve 
their  independence  with  the  large  States  ; and  this  was  their  only 
means  of  preserving  it.  The  justice  of  this  is  acknowledged  by 
most  of  the  objectors  and  amenders  of  the  plan. 

We  should  here  also  recollect,  that  under  the  Confederation 
which  at  present  exists,  the  small  States  have  a vote  in  all  respects 
equal  to  the  large,  even  to  Virginia  ; and  it  certainly  was  a great 
point  gained  by  the  large  'onea,  to  get  their  consequence  increased 
in  the  House  of  Representatives  in  proportion  to  their  numbers. 
In  the  United  Provinces  each  of  the  seven  States  has  but  one 
vote  in  their  Congress,  and  in  that  Confederation  the  dispropor- 
tion between  the  States  is  much  greater,  than  in  ours  ; for  the 
Province  of  Holland  pays  rather  more  than  one  half  of  the  whole 
federal  quota.  Yet  so  great  are  the  evils  which  would  arise  from 
a disunion,  that  this  wealthy  Province  readily  submits  to  so  un- 
equal a representation. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the  first 
election,  they  shall  be  divided  as  equally  as  may  be,  into  three  classes. 
The  seats  of  the  Senators  of  the  first  class  shall  be  vacated  at  the  ex- 
piration of  the  second  year  ; of  the  second  class,  at  the  expiration  of 
the  fourth  year  j and  of  the  third  class,  at  the  expiration  of  the  sixth 
year  j so  that  one  third  may  be  chosen  every  second  year : And  if 
vacancies  happen  by  resignation,  or  otherwise,  during  the  recess  of 


36o  the  writings  OF  JAMES  MONROE. 


the  Legislature  of  any  Slate.,  the  Executive  thereof  may  make  tempor- 
ary appointments  until  the  next  meeting  of  the  legislature.,  which  shall 
then  fill  such  vacancies. 

No  person  shall  be  a Senator  who  shall  not  have  attained  to  the  age 
of  thirty  years,  and  been  nine  years  a citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which 
he  shall  be  chosen. 

Notwithstanding  the  Senators  are  to  be  chosen  by  the  Legis- 
latures of  the  respective  States,  who  surely  are  competent  judges 
of  those  who  are  most  capable  of  filling  this  important  office  : 
Notwithstanding  one  third  of  them  are  re-chosen  every  two 
years  : Yet  the  enemies  to  the  Constitution  affect  to  call  this  an 
aristocratic  body  : And  endeavour  to  excite  visionary  fears  in 
the  minds  of  men,  that  they  will  form  a distinct  order  in  the 
State,  and  become  formidable  to  the  liberty  of  America.  I am 
not  gifted  with -the  spirit  of  prophecy,  and  therefore  cannot  say 
what  will  happen  ; but  this  I will  boldly  assert,  that  if  power  can- 
not be  trusted  in  the  hands  of  men  so  appointed,  it  can  be  trusted 
no  where.  The  different  States  will  be  well  acquainted  with  the 
characters  of  those  whom  they  elect  to  the  Senate  ; their  time  of 
duration  when  elected  is  too  short  to  enable  them  to  form  dan- 
gerous intrigues,  or  bring  about  important  revolutions.  It  is  a 
well  established  principal  in  rhetorick,  that  it  is  not  fair  to  argue 
against  a thing,  from  the  abuse  of  it.  Would  you  say  there 
should  be  no  Physicians  because  there  are  unskilful  administers 
of  medecine  : No  Lawyers  because  some  are  dishonest : No 
Courts  because  Judges  are  sometimes  ignorant ; nor  government 
because  power  may  be  abused  ? In  short,  it  is  impossible  to 
guard  entirely  against  the  abuse  of  power.  Annual  elections  will 
not  do  it.  The  Delegates  of  Virginia  are  annually  elected,  yet  it 
is  a fact,  that  there  has  not  been  an  Assembly  since  the  govern- 
ment was  framed,  wherein  the  Bill  of  Rights  and  the  Constitution 
have  not  been  infringed.  The  instances  have  been  of  no  great 
importance  and  therefore  notwithstanding  the  danger  of  the 
principal,  they  have  been  overlooked. 

The  Vice-President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 


APPENDIX. 


361 


The  Senate  shall  choose  their  other  officers^  and  also  a President 
pro  tempore,  in  the  absence  of  the  Vice-President.,  or  when  he  shall 
exercise  the  Office  of  President  of  the  United  States. 

The  Vice-President  has  been  introduced  from  the  State  Gov- 
ernment of  New  York,  This  useful,  though  surely  inoffensive 
officer,  has  been  made  by  some  objectors  the  bugbear  of  the  Con- 
stitution. It  is  a strong  proof  of  want  of  argument  in  the  enemies 
to  it,  when  they  hold  up  this  officer  as  dangerous.  He  is  elected 
by  the  same  persons  as  the  President,  and  in  the  same  manner. 
He  presides  in  the  Senate,  but  has  no  vote  except  when  they  are 
divided.  This  is  the  only  power  incident  to  his  office  whilst  he 
continues  Vice-President ; and  he  is  obviously  introduced  into 
the  government  to  prevent  the  ill-consequences  which  might 
otherwise  happen  from  the  death  or  removal  of  the  President. 
This  is  the  purpose  for  which  a similar  officer  has  been  intro- 
duced into  the  Constitution  of  New-York. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose  y they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  t7‘iedy  the  Chief  yustice 
shall  preside  : And  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

fudgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust  or  profit,  under  the  United  States  j but  the  party  con- 
victed shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  judg- 
ment and  punishment,  according  to  law. 

I CONCEIVE  that  the  Senators  are  not  impeachable,  and  there- 
fore Governor  Randolph’s  objection  falls  to  the  ground.  I am 
surprised  that  a man  of  that  gentleman’s  abilities  should  have 
fallen  into  this  mistake.  The  Senators  having  a power  over  their 
own  members,  have  the  right  of  expulsion.  Why  then  should 
they  be  impeachable?  For  upon  impeachments,  the  punishment 
is  only  removal  from,  and  incapacity  to  hold  offices.  Expulsion 
amounts  to  the  same  thing.  Besides,  the  Senators  are  elected  by 
the  people,  though  mediately,  as  well  as  the  House  of  Representa- 
tives, and  therefore  have  not  the  same  degree  of  responsibility 
annexed  to  their  characters,  as  the  officers  of  the  government ; 


362  THE  WRITINGS  OF  JAMES  MONROE. 


and  for  this  obvious  reason, — the  former  are  appointed  by  the 
people  themselves  to  stand  in  their  places,  and  they  are  the  best 
judges  of  those  who  are  most  fit  to  serve  them  : but  the  latter  are 
appointed  by  the  servants  of  the  people.  It  is  a generally  re- 
ceived maxim  among  writers  on  government,  that  the  Judiciary 
and  Legislative  departments  should  be  kept  distinct.  The  posi- 
tion is  true  to  a certain  extent ; but  this  like  most  other  general 
rules,  is  liable  to  exceptions.  In  the  English  government,  which 
is  certainly  the  freest  in  Europe,  the  House  of  Lords  not  only  try 
impeachments,  but  is  the  highest  civil  court  in  the  kingdom.  In 
that  Constitution  the  House  of  Commons  are  the  impeachers,  the 
House  of  Lords  the  triers  : But  no  members  either  of  the  House 
of  Commons  or  House  of  Lords,  was  ever  impeached  as  such  ; 
But  whenever  members  of  either  House  have  been  impeached,  it 
was  as  great  officers  of  State.  Under  the  federal  government  this 
is  impossible,  because  the  members  of  neither  House  can  hold 
any  office  of  State. 

If  this  reasoning  be  not  conclusive,  the  fourth  section  of  the 
second  article  puts  it  out  of  doubt,  viz.  “ The  President,  Vice- 
President,  and  all  civil  officers  of  the  United  States,  shall  be  re- 
moved from  office  on  impeachment,  &c.”  The  Senators  are 
representatives  of  the  people  ; and  by  no  construction  can  be 
considered  as  civil  officers  of  the  State.  If  this  be  the  case,  in 
whose  hands  can  this  power  be  lodged  with  greater  propriety,  or 
with  greater  safety,  than  in  those  of  the  Senate  ? Or  how  can  a 
better  court  be  appointed?  To  impeach  either  the  members  of 
Senate  or  House  of  Representatives,  would  be  to  impeach  the 
representatives  of  the  people,  that  is  the  people,  themselves  which 
is  an  absurdity. 

Sect.  4.  The  times.,  places  and  manner  of  holding  elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each  State  by  the 
Legislature  thereof  j but  the  Congress  may  at  any  time,  by  law,  make 
or  alter  such  regulations,  except  as  to  the  Places  of  chusing  Sena- 
tors. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall 
by  law  appoint  a different  day. 


APPENDIX. 


363 


Sect.  5.  Each  House  shall  be  the  judge  of  the  elections^  returns^ 
and  qualifications^  of  Us  own  members^  and  a majority  of  each  shall 
constitute  a quorum  to  do  business  ; but  a smaller  number  may  ad- 
journ from  day  to  day^  and  may  be  authorized  to  compel  the  Atten- 
dance of  absent  members^  in  such  Manner^  and  under  such  Penalties 
as  each  House  may  provide. 

Each  House  may  determine  the  rules  of  its  proceedings.,  punish  its 
members  for  disorderly  behaviour,  and  with  the  concurrence  of  two- 
thirds,  expel  a member. 

Each  House  shall  keep  a journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judg- 
ment require  secrecy  ; and  the  yeas  and  nays  of  the  7nembers  of  either 
House  on  any  question,  shall,  at  the  desire  of  one- fifth  of  those  pres- 
ent, be  entered  on  the  jowmal. 

Neither  House,  during  the  cession  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Experience  and  a change  of  circumstances  may  render  it  nec- 
essary that  the  Congress  should  have  the  power  of  regulating  the 
elections  : But  as  the  Senate  is  elected  by  the  State  Legislatures, 
the  place  of  such  election  must  be  the  place  where  they  meet. 
Besides  which,  this  power  was  necessary  lest  some  of  the  States 
from  obstinacy,  or  selfish  views,  should  alter  the  time  and  place 
of  holding  the  elections  in  such  a manner,  as  might  impede  the 
operation  of  the  federal  government. 

Sect.  6.  The  Senators  and  Representatives  shall  receive  a com- 
pensation  for  their  services,  to  be  ascertained  by  law,  and  paid  out  of 
the  treasury  of  the  United  States.  They  shall  m all  cases,  except 
treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  their  respective  houses,  and 
in  going  to  and  returning  from  the  same  j and  for  any  speech  or  de- 
bate in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

No  Senator  or  Representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased  during  such  time  j and  no  Person 


364  THE  WRITINGS  OF  JAMES  MONROE. 


holding  any  Office  under  the  United  States,  shall  he  a member  of 
either  House  during  his  continuance  in  office. 

Say  the  objectors, — Why  are  not  the  salaries  of  the  members 
of  Congress  ascertained  by  the  Constitution  ? I will  answer  them 
by  another  question, — Why  are  not  the  salaries  of  every  officer  of 
the  United  States  ascertained  by  it  ? Or  rather,  why  should  the 
Convention  have  descended  into  such  minutia  ? Can  it  be  supposed, 
for  a moment,  that  in  the  present  situation  of  America,  when  there 
are  still  left  many  men  of  talents  and  virtue,  from  amongst 
whom  the  Congress  will  doubtless  be  chosen,  that  they  will  pass 
a law  to  give  themselves  immoderate  salaries  ? But  even  should 
they,  what  would  be  the  mighty  evil  to  this  extensive  continent 
from  eighty  or  ninety  persons  having  salaries  larger  than  perhaps 
their  services  might  merit  ? 

It  is  proper  that  Congress  should  have  the  regulation  of  this 
matter  for  another  reason.  It  is  a fact  well  known  in  the  com- 
mercial world,  that,  from  one  certain  cause,  the  quantity  of  specie 
is  insensibly  increasing.  This  of  consequence  lessens  its  value  : 
Therefore  a salary  which  now  would  be  sufficient,  forty  years 
hence,  would  be  wholly  inadequate. 

In  the  latter  part  of  this  section  there  is  an  admirable  check 
upon  the  members  of  both  Houses  ; as  nothing  can  tend  in  a 
greater  degree,  to  preserve  their  independence  of  conduct,  and 
prevent  intriguing,  than  that  no  member  shall  be  eligible  to  any 
office  which  has  been  created,  or  whose  emoluments  have  been 
increased,  since  the  time  of  his  election,  and  during  the  time 
for  which  he  has  been  elected. 

Sect.  7.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives  ; but  the  Senate  may  propose  or  concur 
with  amendments  as  on  other  bills. 

In  this  the  Constitution  is  an  improvement  upon  that  of  Eng- 
land : There  all  money  bills  must  not  only  originate  but  must 
be  perfected  in  the  House  of  Commons  : Here  though  the  Senate 
cannot  originate  such  bills,  yet  they  have  the  power  of  amending 
them,  and  by  that  means  have  an  opportunity  of  communicat- 
ing their  ideas  to  the  House  of  Representatives  upon  the  import- 
ant subject  of  taxation. 


APPENDIX. 


365 


Every  bill  which  shall  have  passed  the  House  of  Represe^itatives 
and  the  Senate^  shall,  before  it  becomes  a law,  be  presented  to  the 
President  of  the  United  States  ; If  he  approve  he  shall  sign  it,  but 
if  not  he  shall  return  it  with  his  objections,  to  that  House  in  which 
it  shall  have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  If  after  such  recon- 
sideration two-thirds  of  that  House  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  House,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds  of 
that  House,  it  shall  become  a law.  But  in  all  such  cases  the  votes 
of  both  Houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  House  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  President  within  ten  days  ( Sundays  excepted ) after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  adjourn- 
ment prevent  its  return,  in  which  case  it  shall  not  be  a Law. 

This  power  in  the  President  is  derived  from  the  State  govern- 
ment of  Massachusetts  and  New-York,  though  in  the  latter  the 
Chancellor  and  Chief  Judges  are  added  to  the  Governor.  This 
power  goes  only  to  a reconsideration  of  the  public  measures  ; and 
the  President’s  disapprobation,  or  negative,  is  nugatory,  when 
two-thirds  of  each  House  concur  in  any  measure  after  it  has 
undergone  his  inspection.  The  Convention  wisely  judged  that 
the  President  would  in  all  probability  be  a man  of  great  experi- 
ence, and  abilities,  and  as  far  as  his  powers  extend,  ought  to  be 
considered  as  representing  the  Union  ; and  consequently  would 
be  well  acquainted  with  the  interests  of  the  whole.  Great  utility 
is  likely  therefore  to  arise  to  Congress  from  his  knowledge,  and 
his  reasoning  upon  their  acts  of  Legislation.  Farther,  the  experi- 
ence of  all  ages  proves  that  all  popular  assemblies  are  frequently 
governed  by  prejudices,  passions,  and  partial  views  of  the  subject  ; 
nay  sometimes  by  indecent  heats  and  animosities.  The  ten  days 
therefore  given  to  the  President  for  his  opinion  of  their  measures, 
is  wisely  interposed  to  prevent  the  mischiefs  which  might  ensue 
from  those  common  faults  of  such  assemblies. 

Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 


366  THE  WRITINGS  OF  JAMES  MONROE. 


Senate  and  House  of  Representatives  may  be  necessary  ( except  on 
a question  of  adjourm?ient)  shall  be  presented  to  the  President  of  the 
United  States  j and  before  the  same  shall  take  effect^  shall  be  approved 
by  him.,  or  being  disapproved  by  him.,  shall  be  repassed  by  two-thirds 
of  the  Senate  and  House  of  Representatives.,  according  to  the  rules 
a?id  limitations  prescribed  in  the  case  of  a bill. 

The  reasoning  upon  the  last  clause  applies  also  to  this. 

Sect.  8.  The  Congress  shall  have  power 

To  lay  and  collect  taxes,  duties,  imposts  and  excises,  to  pay  the 
debts  and  provide  for  the  common  defence  and  general  welfare  of, 
the  United  States ; but  all  duties,  imposts,  and  excises,  shall  be  uni- 
form throughout  the  United  States  ; 

It  is  here  to  be  observed,  that  all  taxes,  imposts,  &c,,  are  to 
be  applied  only  for  the  common  defence  and  general  welfare 
of  the  United  States.  By  no  possibility  will  the  words  admit 
of  any  other  construction.  Yet  several  popular*  declaimers  have 
attempted  to  sound  the  alarm  by  their  illiberal  and  ill-founded 
suggestions  of  peculation,  bribery,  and  corruption,  and  of  the 
probability  of  the  public  Treasury  being  converted  to  the  use 
of  the  President  and  Congress.  But  how  will  this  be  possible  ? 

no 

They  will  have  all  fixed  salaries,  and  perquisites.  The  public 
accounts  of  receipts  and  expenditures  will  be  regularly  kept  and 
regularly  published,  for  the  public  inspection  : Besides  which, 
the  public  offices  will  always  be  open  for  the  search  and  inquiries 
of  every  individual.  I doubt  if  human  wisdom  could  devise  any 
better  mode  of  securing  a just  application  of  the  public  money. 

As  scarcely  any  article  of  the  proposed  plan  has  escaped 
censure,  there  are  objections  made  to  the  grant  of  the  imposts 
to  Congress.  But  when  we  consider  that  the  purposes  for  which 
the  imposts  are  to  be  applied  are  merely  national,  and  falls 
directly  within  the  design  of  the  Union,  that  of  making  all 
America  one  State  for  great  political  purposes,  the  objection 
falls  ; for  in  this  view  America  composes  but  one  great  republic, 

citizens 

all  the  subjects  of  which  stand  precisely  upon  the  same  ground, 

* See  in  particular  the  address  and  reasons,  &c.  of  the  Pennsylvania  Mi- 
nority. 


APPENDIX. 


367 


and  pay  only  in  proportion  to  their  consumption  of  foreign 
articles.  To  this  we  may  add,  that  those  States  which  export 
the  chief  of  the  produce  of  their  labour,  and  in  consequence  of 
that  circumstance,  import  more  than  those  which  manufacture, 
receive  a compensation  for  the  increased  import,  by  the  exported 
produce  being  free  from  duties.  And  besides,  we  may  fairly 
conclude,  that  the  consumption  of  foreign  articles  throughout 
America,  is  nearly  in  proportion  to  the  enumeration,  which  is 
the  measure  of  the  respective  quotas. 

To  borrow  money  on  the  credit  of  the  United  States  j 

This  power  is  lodged  with  the  present  Congress. 

To  regulate  commerce  with  foreign  nations.,  and  among  the  several 
States,  and  with  the  Indian  tribes  j 

The  power  of  regulating  commerce  gives  great  alarm  to  the 
enemies  of  the  Constitution.  In  this,  as  in  most  other  instances, 
they  forget  that  this  is  a government  for  thirteen  States  ; and  think 
only  of  the  immediate  interests  of  Virginia  ; as  if  she  had  a right 
to  dictate  to  the  other  twelve,  and  as  if  her  interests  alone  were  to 
be  consulted.  Be  not  deceived  my  countrymen.  However  im- 
portant we  may  be  in  the  scale  of  Union,  there  are  other  States 
which  are  equally  so.  The  consequence  of  this  power,  say  they, 
will  be,  that  the  eastern  and  northern  States  will  combine  together, 
and  not  only  oblige  the  southern  to  export  their  produce  in  their 
bottoms,  by  prohibiting  foreign  bottoms  ; but  will  also  lay  such 
duties  upon  foreign  manufactures  as  will  amount  to  a prohibition, 
in  order  to  supply  us  themselves. 

Upon  accurately  investigating  this  point,  we  shall  find  the  rea- 
soning to  be  false,  as  the  supposition  is  illiberal.  It  is  true  the 
eastern  States  can  build  and  equip  ships,  upon  better  terms  than 
the  southern.  Nay,  I believe  I may  go  farther,  and  say,  that  they 
can  upon  better  terms  than  any  nation  in  Europe.  This  arises 
from  their  having  all  the  materials  for  ship-building  within  them- 
selves, except  canvas  and  cordage,  whilst  most  of  the  maritime 
powers  of  Europe,  depend  upon  foreign  countries,  not  only  for 
these  articles,  but  also  for  timber  and  masts.  A great  extent  of 
sea  coast,  a cold  climate,  a barren  soil,  and  above  all,  the  fisheries, 
furnish  an  infinite  number  of  seamen,  who  from  necessity  are 


368  THE  WRITINGS  OF  JAMES  MONROE. 


willing  to  navigate  for  very  moderate  wages.  If  this  be  the  case, 
is  there  any  reason  to  suppose  that  the  eastern  States  will  not 
carry  our  produce  upon  as  reasonable  terms  as  any  of  the  Euro- 
pean powers  ? I believe  it  is  a fact,  that  before  the  war,  they 

for 

were  the  principal  carriers  ta  the  British  West-Indies  ; so  low 
were  the  terms  upon  which  their  vessels  could  be  chartered.  And 
the  same  causes  still  exists,  why  they  should  take  freight  upon 
terms  equally  moderate.  But  this  is  not  all.  The  eastern  States 
are  not  ignorant  that  the  southern  possess  even  better  materials 
for  ship-building,  than  they  do  ; and  therefore  will  take  care  not 
to  excite  their  jealousy,  nor  stimulate  them  to  build  ships  and  be- 
come their  own  carriers,  by  exacting  unreasonable  freightage.  But 
admitting  that  the  eastern  Delegates  should  be  so  dishonest  as  well 
as  unwise,  to  combine  against  those  of  the  south — I will  venture 
to  assert,  that  not  a man  in  America,  who  is  acquainted  with  the 
middle  States,  can  suppose  that  they  would  join  in  such  a combin- 
ation. New-York  is  rather  a country  of  farmers  than  of  sailors  : 
It  possesses  large  tracts  of  fertile  soil,  but  no  fisheries,  and  before 
the  war,  for  one  ship  built  in  that  State,  either  for  freightage  or 
sale,  there  were  thirty  in  New- England.  All  that  she  will  aim  at, 
therefore,  will  be  ships  of  her  own,  sufficient  to  carry  her  own 
produce.  Her  interests,  therefore  will  not  induce  her  to  enter 
into  this  formidable  combination. 

Jersey,  from  her  local  situation,  and  a variety  of  peculiar  cir- 
cumstances, has  fewer  ships  and  seamen  than  even  any  of  the 
southern  States.  Her  interests,  therefore,  will  lead  her  to  adhere 
to  them. 

The  same  reasoning  applies  to  Pennsylvania  that  does  to  New- 
York  ; and  still  more  emphatically  ; because  this  State  is  still 
more  employed  in  husbandry.  And  as  to  the  State  of  Delaware, 
it  does  not  own  six  ships. 

Let  us  then  see  how  this  question  will  stand  in  point  of  num- 
bers. The  four  eastern  States  will  have  seventeen  voices,  which 
will  be  opposed  by  the  nineteen  voices  of  the  middle  States,  and 
the  twenty-nine  of  the  southern. 

w 

I WILL  not- endeavour  to  answer  the  other  objection. — The  fear 
of  a northern  combination  to  furnish  the  southern  States  with 


APPENDIX. 


369 


manufactures.  This  I conceive,  has  arisen  either  from  ignorance 
of  the  subject,  or  an  absolute  enmity  to  all  confederation.  The 
only  manufactures  which  the  northern  States  possess  and  with 
which  they  can  furnish  others,  are  shoes,  cotton  cards,  nails,  hats, 
carriages,  and  perhaps  paper  and  refined  sugars  may  be  added  ; 
and  should  the  whale-fishery  be  ever  revived,  train  oil  and  sper- 
macaeti  candles.  The  two  first  articles  may  be  in  a great  measure 
confined  to  Massachusetts.  Their  shoes  are  as  good  and  as  cheap 
as  those  imported  from  Great-Britain,  at  least  as  the  sale  shoes. 
And  as  to  the  second  article,  the  exportation  of  them  from 
thence  is  prohibited  by  act  of  Parliament.  Both  New-York  and 
Pennsylvania  manufacture  leather  in  all  its  branches,  and  hats  ; 
but  not  more  than  sufficient  for  their  own  consumption.  Connec- 
ticut has  no  manufactures  to  export  ; nor  has  New-York,  unless 
perhaps  some  refined  sugar.  Jersey  has  only  domestic  manufac- 
tures. Pennsylvania  manufactures  nails,  refined  sugar,  cotton 
cards,  carriages,  and,  of  late,  paper  for  exportation.  The  Dela- 
ware State  has  only  domestic  manufactures. 

If  Massachusetts  can  furnish  us  with  shoes,  cards,  train  oil, 
and  spermacaeti  candles  ; Pennsylvania  with  nails,  white  sugar, 
carriages,  and  paper,  as  cheap  as  we  can  procure  them  from  beyond 
the  Atlantic,  why  should  not  such  European  articles  be  prohibited  ? 
There  is  no  probability  that  either  the  northern  or  southern  States, 
will  in  many  years  become  extensive  manufacturers.  The  price 
of  labour  and  cheapness  of  land,  will  prevent  it  ; and  the  daily 
migrations  from  all  the  States  to  the  western  parts  of  America,  will 
keep  up  the  one,  and  keep  down  the  other.  I have  been  informed, 
and  I believe  rightly  informed,  that  the  amount  of  the  imports 
from  Europe,  is  as  great  or  greater  in  the  eastern  or  middle  States, 
as  in  the  southern,  in  proportion  to  their  numbers."^  This,  to 
many,  may  appear  doubtful  ; but  I believe  it,  because  I have  good 


* It  is  a generally  received  opinion  in  this  country,  that  the  exports  of  the 
eastern  and  middle  States  are  very  inconsiderable  ; but  this  is  a great  mistake  ; 
for  when  we  take  into  consideration  their  wheat,  flour,  lumber,  flax-seed,  pot- 
ash, fish,  oyl,  iron,  and  rum,  there  can  be  no  doubt  but  these  articles  produce 
great  sums.  I am  informed  that  the  European  goods  annually  shipped  to 
Massachusetts,  are  to  a greater  amount  than  those  shipped  to  Virginia.  These 
goods  can  only  be  paid  for  by  the  produce  of  their  exports. 

VOL  I — 24 


370  THE  WRITINGS  OF  JAMES  MONROE. 


reason  to  think,  that  the  domestic  manufactures  of  the  southern 
States,  particularly  of  Virginia,  are  of  greater  value  than  the  do- 
mestic manufactures  of  the  northern  and  middle  States,  in  the 
same  proportion.  This  has  arisen  from  the  cultivation  of  cotton, 
which  will  not  come  to  perfection  to  the  northward  ; and  that 

labour 

article  is  manufactured  with  much  less  trouble  than  either  flax  or 
hemp. 

If  this  account  be  just,  what  have  the  southern  States  to  fear  ? 
But  admitting  some  of  the  eastern  and  middle  States  should  enter 
into  this  illiberal,  unjust,  and  impolitic  combination  : Let  us  see 
how  the  numbers  would  stand.  New-Hampshire,  Massachusetts, 
New-York,  and  Pennsylvania,  the  only  manufacturing  States,  may 
combine  : Their  numbers  will  amount  to  twenty-five  in  one 
House,  to  be  opposed  by  forty  ; and  in  the  other  the  numbers 
will  be  eight,  to  be  opposed  by  sixteen. 

After  all,  suppose  these  objections  are  founded  in  fact  : Had 
we  not  better  submit  to  the  slight  inconveniencies  which  might 
arise  from  this  combination,  than  the  serious  evils  that  must 
necessarily  follow  from  disunion  ? 

To  establish  an  uniform  rule  of  naturalization^  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States  ; 

To  coin  money.,  regulate  the  value  thereof.,  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures  ; 

To  provide  for  the  punisJmient  of  counterfeiting  the  securities  and 
current  coin  of  the  United  States  j 

To  establish  Post-offices  and  post  roads  j 

To  pro7note  the  progress  of  science  and  useful  arts,  by  securmg  for 
limited  times  to  authors  and  inventors  the  exclusive  right  to  their  re- 
spective writings  and  discoveries  j 

To  constitute  tribunals  inferior  to  the  Supreme  Court  j 
To  defitie  and  punish  piracies  and  felo7iies  conunitted  on  the  high 
seas,  and  offe7ices  against  the  law  of  nations  j 

To  declare  war,  grant  letters  of  77iarque  a7id  reprisal,  and  make 
rules  concerni7ig  captures  on  land  and  water  j 

Most  of  these  powers,  the  present  Congress  possess,  and  none  of 
them  have  been  objected  to,  except  what  relates  to  the  Courts, 
which  will  be  taken  notice  of  hereafter. 


AFPENBIX. 


371 


To  raise  and  support  armies,  but  no  appropriation  of  7noney  to  that 
use  shall  be  for  a longer  term  than  two  years  ; 

By  this  regulation  every  House  of  Representatives  will  have  a 
share  in  the  appropriations  ; and  no  mischief  can  ensue  from  ap- 
propriations of  two  years,  since  the  proceedings  of  each  House  of 
Congress  are  to  be  published  from  time  to  time,  as  well  as  regular 
statements  and  accounts  of  the  receipts  and  expenditures  of  all 
public  money. 

To  provide  and  maintain  a navy  ; 

To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces  ; 

The  present  Congress  possess  the  powers  given  by  these  clauses. 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
union,  suppress  insurrections  and  repel  invasions  ; 

To  provide  for  organizing,  ar77iing  and  disciplining,  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the  ser- 
vice of  the  United  States,  reserving  to  the  States  respectively,  the  ap- 
pointment of  the  officers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress. 

By  these  clauses,  the  appointment  of  the  militia  officers,  and 
training  the  militia,  are  reserved  to  the  respective  States  ; except 
that  Congress  have  a right  to  direct  in  what  manner  they  are  to 
be  disciplined,  and  the  time  when  they  are  to  be  ordered  out. 

These  clauses  have  been  extremely  misunderstood,  or  purposely 
misconstrued,  by  the  enemies  to  the  Constitution.  Some  have 
said,  “ the  absolute  unqualified  command  that  Congress  have  over 
the  militia  may  be  instrumental  to  the  destruction  of  all  liberty, 
both  public  and  private,  whether  of  a personal,  civil,  or  religious 
nature.”  * 

Is  this  the  result  of  reason,  or  is  it  the  dictate  of  resentment  ? 
How  can  the  command  of  Congress  over  the  militia  be  either  ab- 
solute or  unqualified,  when  its  officers  are  appointed  by  the  States, 
and  consequently  can  by  no  possibility  become  its  creatures  ? 

They  will  generally  be  men  of  property  and  probity  : And  can 
any  one  for  a moment  suppose  that  such  men  will  ever  be  so  lost 


* Minority  address,  p.  22,  23. 


372  THE  WRITINGS  OF  JAMES  MONROE. 


to  a sense  of‘  liberty,  the  rights  of  their  country,  and  their  own 
dignity,  as  to  become  the  instruments  of  arbitrary  measures  ? 
Whenever  that  shall  be  the  case,  we  may  in  vain  contend  for  forms 
of  government  ; the  spirit  of  liberty  will  have  taken  its  flight  from 
America,  and  nothing  but  an  arbitrary  government  will  be  fit  for 
such  a people,  however  accurately  defined  the  powers  of  her  Con- 
stitution may  be.  But  so  long  as  there  shall  be  a militia  so  offi- 
cered, or  the  majority  of  the  people  landholders,  America  will 
have  little  to  fear  for  liberty.  Congress  have  the  power  of  organ- 
izing the  militia  ; and  can  it  be  put  into  better  hands  ? They  can 
have  no  interest  in  destroying  the  personal  liberty  of  any  man,  or 
raising  his  fortune  in  the  mode  of  organization  : They  can  make 
no  law  upon  this,  or  any  other  subject,  which  will  not  affect  them- 
selves, their  children,  or  their  connexions. 

Can  any  one  seriously  suppose,  that  Congress  will  ever  think 
of  drawing  the  militia  of  one  State  out,  in  order  to  destroy  the 
liberties  of  another?  Of  Virginia,  for  instance,  to  destroy  the 
liberties  of  Pennsylvania  ? Or  should^they  be  so  wicked,  that  an 
American  militia,  officered  by  the  States,  would  obey  so  odious  a 
mandate  ? * The  supposition  is  monstrous. 

To  exercise  exclusive  legislation  in  all  cases  whatsoever.,  over  such 
district  ( not  exceeding  ten  ??iiles  square ) as  may.,  by  cession  of  par- 
ticular  States,  and  the  acceptance  of  Congress,  beco77ie  the  seat  of  the 
govern77ient  of  the  United  States,  a7id  to  exercise  like  authority  over 
all  places  purchased  by  the  C07ise7it  of  the  Legislature  of  the  State  in 
which  the  same  shall  be,  for  the  erectio7i  of  forts,  magazines,  arsenals, 
dock-yards,  and  other  needful  buildings. 

So  great  is  the  jealousy  of  some  of  our  citizens,  that  even  this 
clause  has  excited  their  fears.  This  little  spot  is  to  be  the  centre 
to  which  is  to  be  attracted  all  the  wealth  and  power  of  this  ex- 
tensive continent  : The  focus  which  will  absorb  the  last  remains 
of  American  liberty.  Such  are  the  visionary  phantoms  of  the 
antifederalists. 

The  Congress  is  to  govern,  as  they  shall  see  fit,  a district  not 
more  than  ten  miles  square.  And  what  possible  mischief  can 

* Minority  address.  That  hasty  and  passionate  performance  is  full  of  absurd- 
ities on  this  head. 


APPENDIX. 


373 


arise  to  the  United  States  from  hence?  This  district  must  either 
be  purchased  by  Congress,  or  yielded  to  them  by  the  inhabitants 
of  that  particular  spot,  which  they  may  conceive  most  convenient 
for  them  to  assemble  at,  and  for  which  the  consent  of  the  State  is 
necessary.  If  the  first,  there  will  be  few  or  no  inhabitants  ; they 
will  therefore  induce  people  to  settle  it,  by  establishing  a mild 
government.  If  the  second,  the  inhabitants  of  any  particular  dis- 
trict certainly  have  a right  to  submit  to  whatever  form  of  govern- 
ment they  may  think  agreeable,  provided  the  State  within  which 
the  district  lies,  consents  ; without  giving  offence  to  Virginia,  or 
any  other  of  the  States.  We  are  told  that  the  wise  Franklin  has 
recommended  to  the  Philadelphians  to  offer  their  city  and  its  en- 
virons as  the  seat  of  Congress.  Can  it  be  supposed  that  he  would 
recommend  this  measure  to  his  favorite  city  were  he  not  well  as- 
sured that  the  government  of  Congress  will  be  a good  one  ? I 
have  no  doubt  but  this  district  will  flourish  ; that  it  will  increase 
in  population  and  wealth  : Because  I have  no  doubt  but  most 
people  would  think  it  a happiness  to  live  under  the  government 
of  such  men  as  will  compose  the  Congress  ; or  under  such  a gov- 
ernment as  such  men  will  frame  for  that  district. 

And — To  make  all  Laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers.,  and  other  powers 
vested  by  this  Constitution  in  the  government  of  the  United  States, 
or  in  any  department  or  officer  thereof. 

By  this  clause,  Congress  have  no  farther  legislative  authority 
than  shall  be  deemed  necessary  to  carry  into  execution  the  powers 
vested  by  this  Constitution.  This  regulation  is  necessary  ; as 
without  it  the  different  States  might  counteract  all  the  laws  of 
Congress,  and  render  the  Federal  Government  nugatory. 

Sect.  9.  The  migration  or  importation  of  such  persons  as  any  of 
the  States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro  ^ 
hibited  by  the  Congress  prior  to  the  year  one  thousand  eight  hundred 
and  eight,  but  a tax  or  duty  may  be  imposed  on  such  importation,  not 
exceeding  ten  dollars  for  each  person. 

This  clause  is  a proof  of  deference  in  the  members  of  the  Con- 
vention, to  each  other,  and  of  concession  of  the  northern  to  the 


374 


THE  WRITINGS  OF  JAMES  MONROE. 


southern  States.  There  is  no  doubt  but  far  the  greater  part  of 
that  Convention  hold  domestic  slavery  in  abhorrence.  But  the 
members  from  South-Carolina  and  Georgia,  thinking  slaves  abso- 
lutely necessary  for  the  cultivation  and  melioration  of  their  States, 
insisted  upon  this  clause.  But  it  affects  not  the  law  of  Virginia 
which  prohibits  the  importation  of  slaves. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended., 
unless  when  in  cases  of  rebellion  or  invasion  the  public  Safety  may 
require  it. 

By  this  clause  the  Congress  have  the  right  of  suspending  the 
habeas  corpus  in  the  two  cases  of  insurrection  and  rebellion — a 
power  which  follows  from  the  necessity  of  the  thing. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

It  is  extraordinary  that  Mr.  Mason  should  have  made  a part  of 
this  clause  a ground  of  objection.  ’Till  that  gentleman  denied 
it,  I had  supposed  it  an  universally  received  opinion,  that  ex  post 
facto  laws  were  dangerous  in  their  principle,  and  oppressive  in 
their  execution.  And  with  respect  to  bills  of  attainder,  a very 
slight  acquaintance  with  the  history  of  that  country  in  which 
alone  they  are  used,  is  sufficient  to  discover  that  they  have  been 
generally  made  the  means  of  oppression. 

No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  propor- 
tion to  the  census  or  e7iuJ7ieration  herein  before  directed  to  be  taken. 

This  clause  is  a confirmation  of  the  third  clause  of  the  second 
section  of  the  first  article. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

No  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  one  State  over  those  of  another : Nor  shall 
vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or  pay 
duties  in  another. 

All  writers  upon  finance  hold  taxes  upon  exports  to  be  impol- 
itic. Yet  there  are  doubtless  some  articles  which  will  with  pro- 
priety bear  an  export  duty  ; such  as  tobacco  and  perhaps  indigo. 
But  then  these  articles  are  of  the  growth  of  only  five  of  the  States  ; 
and  it  would  be  a manifest  injustice  that  the  produce  of  some 


APPENDIX. 


375 


States  should  be  taxed  for  the  benefit  of  others.  The  latter  part 
of  the  clause  provides  that  all  Naval  Officer  fees  and  port  charges 
shall  be  the  same  throughout  the  United  States  ; and  that  a ves- 
sel bound  to  one  State  from  another,  and  calling  at  any  interme- 
diate State,  shall  not  be  obliged  to  enter,  clear,  or  pay  duty,  in 
such  State.  This  tends  to  facilitate  the  intercourse  among  the 
States,  and  may  produce  many  commercial  conveniencies. 

No  money  shall  be  drawn  from  the  Treasury.^  but  in  consequence  of 
appropriations  made  by  law  ; and  a regular  statement  and  account  of 
the  receipts  and  expenditures  of  all  public  7noney.^  shall  be  published 
from  time  to  time. 

As  all  appropriations  of  money  are  to  be  made  by  law,  and 
regular  statements  thereof  published,  no  money  can  be  applied 
but  to  the  use  of  the  United  States. 

No  title  of  nobility  shall  be  granted  by  the  United  States  : — And 
no  person  holding  any  office  of  profit  or  trust  under  them.,  shall.,  with- 
out the  consent  of  the  Congress,  accept  of  any  present,  emolument^i 
office,  or  title,  of  any  kind  whatever,  from  any  King,  Prince,  or 
foreign  State. 

The  first  part  of  this  clause  proves  the  Convention  had  no 
aristocratical  views,  nor  any  idea  of  establishing  an  order  in  the 
State,  with  rights  independent  of  the  people.  The  latter  part  of 
it  is  introduced  to  prevent  the  officers  of  the  Federal  Government 
being  warped  from  their  duty. 

Sect.  lo.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation j grant  letters  of  marque  and  reprisal ; coin  money  ; 
emit  bills  of  credit ; make  a?iy thing  but  gold  and  silver  coin  a tender 
inpayment  of  debts  j pass  any  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  contracts ; or  grant  any  title  of 
nobility. 

The  States,  in  their  individual  capacities,  should  be  restrained 
from  the  exercise  of  the  powers  enumerated  in  this  clause,  for  a 
variety  of  reasons.  If  any  State  should  have  a right  of  making 
treaties,  granting  letters  of  marque,  and  the  like,  America  might 
be  perpetually  involved  in  foreign  wars.  By  exercising  the  right 
of  coinage  and  of  emitting  bills  of  credit,  a State  might,  by  the 


376  THE  WRITINGS  OF  JAMES  MONROE. 


former,  debase  the  currency  of  the  United  States,  by  mixing  great 
quantities  of  alloy,  and  by  that  means  defraud  the  Federal  Treas- 
ury ; and  by  the  latter  it  might  defraud  not  only  its  own  citizens, 
but  the  citizens  of  other  States.  But  this  is  not  all.  An  exercise 
of  these  rights  would  materially  interfere  with  the  exercise  of  the 
like  by  the  Congress  ; and  therefore  the  particular,  should  give 
way  to  the  general  interest.  The  making  anything  but  gold  and 
silver  a tender  in  payment  of  debts,  and  the  impairing  the 
obligation  of  contracts,  is  so  great  a political  injustice,  that  the 
Constitution  here  requires  of  the  States,  that  they  will  forever 
relinquish  the  exercise  of  a power  so  odious.  This  part  of  the 
clause  would  probably  never  have  been  introduced,  had  not  some 
of  the  States  afforded  too  frequent  instances  of  unjust  laws  upon 
these  subjects. 

No  State  shall.,  without  the  Consent  of  the  Congress^  lay  any  im- 
losts  or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  it's  inspection  laws  ; and  the  nett  produce  of 
all  duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall 
be  for  the  use  of  the  Treasury  of  the  United  States  ; and  all  such  laws 
shall  be  subject  to  the  revision  and  controul  of  the  Congress. 

No  State  shall,  withoiU  the  co7isent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops,  or  ships  of  war  i}i  time  of  peace,  enter  uito  any 
agreement  or  compact  with  another  State,  or  with  a foreign  power, 
or  engage  in  war,  unless  actually  invaded,  or  in  such  unminent  danger 
as  will  7iot  admit  of  delay. 

If  the  individual  States  might  lay  duties  upon  the  imports,  it 
would  be  counteracting  the  same  right  in  Congress,  and  ruin  the 
great  fund  out  of  which  the  present  federal  debts  are  to  be  paid, 
as  well  as  the  future  federal  expences  defrayed.  And  with  regard 
to  exports,  it  was  highly  reasonable  that  one  State  should  be  pro- 
hibited from  laying  an  export  duty  on  the  articles  of  a sister 
State,  which  may  be  shipped  through  that  State. 

The  exigencies  of  the  Union  may  however  require  direct  taxes. 
By  this  clause,  a door  is  open  to  the  States,  to  raise  their  re- 
spective quotas,  in  lieu  of  direct  taxes  ; by  laying  a duty  upon 
exports  ; or  even  duties  upon  imports.  But  as  the  amount  of 
these  duties  are  to  be  paid  into  the  public  Treasury,  no  inconven- 


APPENDIX. 


377 


ience  can,  on  the  one  hand,  arise  to  the  general  welfare  from 
them  ; and,  on  the  other,  the  power  of  revision  in  the  Congress 
will  be  the  means  of  securing  a due  attention  to  the  interests  of 
all  the  States,  in  the  mode  of  laying  the  duty,  as  well  as  in  the  ap- 
plication of  it.  The  latter  part  of  the  clause  is  no  more  than  a 
confirmation  of  principles  antecedently  established,  and  of  powers 
before  vested  in  the  Congress,  but  such  as  are  absolutely  neces- 
sary for  the  good  order,  dignity,  and  harmony  of  the  whole  ; and 
are  such  as  the  States  have  already  yielded  to  the  present 
Congress.'^ 


ARTICLE  II. 

Sect.  T.  The  Executive  Power  shall  be  vested  in  a President  of 
the  United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years  ^ and.,  together  with  the  Vice-President.,  chosen  for 
the  same  term^  be  elected  as  follows  : 

Each  State  shall  appoint.,  in  such  manner  as  the  Legislature  there- 
of may  direct,  a number  of  Electors,  equal  to  the  whole  number  of 
Senators  and  Representatives  to  which  the  State  may  be  entitled  in 
the  Congress  : But  no  Senator  or  Representative,  or  person  holding 
an  office  of  trust  or  profit  under  the  United  States,  shall  be  ap- 
pointed an  Elector. 

The  Electors  shall  meet  in  their  respective  States,  and  vote  by  ballot, 
for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of 
the  same  State  with  themselves.  And  they  shall  make  a list  of  all  the 
persons  voted  for,  and  of  the  number  of  votes  for  each  ; which  list 
they  shall  sign  and  certify,  and  transmit,  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  President  of  the 
Senate.  The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted.  The  person  having  the  greatest  number 
of  votes  shall  be  the  President,  if  such  number  be  a majority  of  the 
whole  number  of  Electors  appointed ; and  if  there  be  more  than  one 
who  have  such  majority,  and  have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately  chuse,  by  ballot,  one  of  them 
for  President  j and  if  no  person  have  a 77iajority,  then  frorn  the  five 


* See  Article  the  6th  of  the  Confederation. 


378  THE  WRITINGS  OF  JAMES  MONROE. 


highest  on  the  list  the  said  House  shall  in  like  manner  chuse  the 
President.  But  in  chusing  the  President^  the  votes  shall  be  taken  by 
States,  the  Representation  from  each  State  having  one  vote  j a quo- 
rum for  this  purpose  shall  consist  of  a member  or  members  from  two 
thirds  of  the  States,  and  a majority  of  all  the  States  shall  be  neces- 
sary to  a choice.  In  every  case,  after  the  choice  of  the  President,  the 
person  having  the  greatest  number  of  votes  of  the  electors,  shall  be 
the  Vice-President.  But  if  there  should  remain  two  or  7nore  who 
have  equal  votes,  the  Senate  shall  chuse  from  them,  by  ballot  the 
Vice-President. 

It  has  been  urged  by  many,  that  the  President  should  be  con- 
tinued in  office,  only  a given  number  of  years,  and  then  be  ren- 
dered ineligible.  To  this  it  may  be  answered,  were  that  to  be  the 
case,  a good  officer  might  be  displaced,  and  a bad  one  succeed. 
Knowing  that  he  could  not  be  continued,  he  might  be  more 
attentive  to  enrich  himself,  should  opportunities  offer,  than  to  the 
execution  of  his  office.  But  as' his  continuance  in  office,  will 
depend  upon  his  discharging  the  duties  of  it  with  ability,  and 
integrity,  his  eligibility  will  most  probably  be  the  best  security  for 
his  conduct.  The  longer  a man  of  abilities  and  virtue,  fills  an 
office,  the  better,  and  easier  will  the  duties  of  it  be  discharged  : 
The  whole  system  of  administration  becomes  well  arranged  ; and 
every  department  in  the  government  well  filled.  An  election  to 
this  office  once  in  every  four  years,  is  a sufficient  curb  upon  the 
President.  The  Electors  hold  the  reins.  If  he  has  misconducted 
himself,  he  will  not  be  re-elected  ; if  has  governed  with  prudence, 
and  ability,  he  ought  to  be  continued. 

The  Vice-President  will  probably  be  a candidate  to  succeed  the 
President.  The  former  will  therefore  be  a perpetual  centinel  over 
the  latter  ; will  be  a stimulus  to  keep  him  up  to  his  duty,  and  afford 
an  additional  security  for  his  upright  conduct. 

Notwithstanding  these  reasons,  and  the  powerful  checks  op- 
posed to  the  powers  of  the  President,  the  enemies  of  the  Consti- 
tution has  sounded  the  alarm  with  great  violence,  upon  the  ground 
of  his  eligibility  for  life.  Some  tell  us  that  it  will  be  the  means  of 
his  becoming  the  hereditary  sovereign  of  the  United  States  ; 
whilst  others  hold  up  to  our  view  the  dangers  of  an  elective 
monarchy. 


APPENDIX.  379 


It  is  pretty  certain  that  the  President  can  never  become  the 
sovereign  of  America,  but  with  the  voluntary  consent  of  the  peo- 
ple. He  is  re-elected  by  them  ; not  by  any  body  of  men  over 
whom  he  may  have  gained  an  undue  influence.  No  citizen  of 
America  has  a fortune  sufficiently  large,  to  enable  him  to  raise 
and  support  a single  regiment.  The  President’s  salary  will  be 
greatly  inadequate  either  to  the  purpose  of  gaining  adherents,  or 
of  supporting  a military  force  : He  will  possess  no  princely  reve- 
nues, and  his  personal  influence  will  be  confined  to  his  native 
State.  Besides,  the  Constitution  has  provided,  that  no  person 
shall  be  eligible  to  this  office,  who  is  not  thirty-five  years  old  ; 
and  in  the  course  of  nature  very  few  fathers  leave  a son  who  has 
arrived  to  that  age.  The  powers  of  the  President  are  not  kingly, 
any  more  than  the  ensigns  of  his  office.  He  has  no  guards,  no 
regalia,  none  of  those  royal  trappings  which  would  set  him  apart 
from  the  rest  of  his  fellow  citizens.  Suppose  the  first  President 
should  be  continued  for  life  : What  expectations  can  any  man  in 
the  Union  have  to  succeed  him,  except  such  as  are  grounded 
upon  the  popularity  of  his  character  ? 

None  of  its  citizens  possess  distinct  principalities,  from  whence 
money  may  be  drawn  to  purchase,  or  armies  raised  to  intimidate 
the  votes.  Fortunately  for  America,  she  has  no  neighbouring 
Princess  to  interfere  in  her  elections,  or  her  councils  : No  Em- 
press of  Russia  to  place  the  Crown  upon  the  head  of  her  favorite 
Powniotowsky.* 

It  has  also  been  objected,  that  a Council  of  State  ought  to 
have  been  assigned  the  President.  The  want  of  it,  is,  in  my  ap- 
prehension, a perfection  rather  than  a blemish.  What  purpose 
would  such  a Council  answer,  but  that  of  diminishing,  or  annihi- 
lating the  responsibility  annexed  to  the  character  of  the  President. 
From  the  superiority  of  his  talents,  or  the  superior  dignity  of  his 
place,  he  would  probably  acquire  an  undue  influence  over,  and 
might  induce  a majority  of  them  to  advise  measures  injurious  to 
the  welfare  of  the  States,  at  the  same  time  that  he  would  have 
the  means  of  sheltering  himself  from  impeachment,  under  that 
majority.  I will  here  once  for  all  observe,  that  descended  as  we 
are  from  the  English,  conversant  as  we  are  in  the  political  history 


* The  present  King  of  Poland  was  Stanislaus  Leginski,  Count  Powniotowsky. 


38o  the  writings  OF  JAMES  MONROE. 


of  that  country,  it  is  impossible  not  to  derive  both  political  opin- 
ions, and  prejudices,  from  that  source.  The  objectors  probably 
considered,  that  as  in  the  English  government,  the  first  Magistrate 
has  a Council  of  State  ; there  should  be  one  also  in  the  American. 
But  they  should  at  the  same  time  have  recollected,  that  the  King 
of  England  is  not  personally  responsible  for  his  conduct  ; but 
that  her  Constitution  looks  up  to  his  Ministers,  that  is,  to  his 
Council,  to  answer  for  the  measures  of  the  Sovereign.  But  in  the 
American  Constitution,  the  first  Magistrate  is  the  efficient  Minis- 
ter of  the  people,  and  as  such,  ought  to  be  alone  responsible  for 
his  conduct.  Let  him  act  pursuant  to  the  dictates  of  his  own 
judgment ; let  him  advise  with  his  friends  ; let  him  consult  those 
of  whom  he  has  the  highest  opinion  for  wisdom,  but  let  not  his 
responsibility  be  diminished  by  giving  him  a Council. 

The  Congress  may  determine  the  time  of  chusing  the  Electors.,  and 
the  day  on  which  they  shall  give  their  votes  j which  day  shall  be  the 
same  throughout  the  United  States. 

No  person,  except  a natural  born  citizen,  or  a citizen  of  the  United 
States,  at  the  time  of  the  adoptio7i  of  this  Constitution,  shall  be  eligible 
to  the  office  of  President ; neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  to  the  age  of  thirty  five  years,  and 
been  fourteen  years  a resident  ivithin  the  United  States. 

In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  Vice-President ; and  the  Congress 
may  by  law  provide  for  the  case  of  removal,  death,  resignation,  or  ina- 
bility, both  of  the  President  and  Vice-President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  accordingly, 
until  the  disability  be  removed,  or  a President  shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  services,  a 
compensation,  which  shall  neither  be  increased  nor  duninished  during 
the  Period  for  which  he  shall  have  been  elected,  and  he  shall  not  re- 
ceive within  that  Period  any  other  Emolument  from  the  United 
States,  or  any  of  them. 

Before  he  enters  07i  the  Execution  of  his  Office,  he  shall  take  the 
following  Oath  or  Affirmation  : “ / do  sole7nnly  sivear  {or  affirm) 

“ that  I will  faithfully  execute  the  Office  of  President  of  the  United 


APPENDIX. 


381 


“ States y and  will  to  the  best  of  my  ability y preserve y protect y and  de- 
fend  the  Constitution  of  the  United  States."' 

The  first  of  these  clauses  is  intended  to  prevent  intrigue  and 
tumult  in  chusing  the  Electors  : And  the  reasons  already  offered, 
why  Congress  should  have  the  right  of  altering  “ the  times  and 
manner  of  holding  the  elections  for  Senators,”  apply  why  they 
should  have  the  power  of  determining  the  time  of  chusing 
Electors.  The  fifth  is  an  additional  check  upon  the  President. 

Sect.  2.  The  President  shall  be  Commander  in  Chief  of  the  army 
and  navy  of  the  United  States y and  of  the  militia  of  the  several 
States y when  called  into  the  actual  service  of  the  United  States : he 
may  require  the  opiniony  in  writingy  of  the  principal  officer  in  each  of 
the  Executive  depart7nentSy  upon  any  subject  relating  to  the  duties  of 
their  respective  officeSy  and  he  shall  have  power  to  grant  reprieves  and 
pardons  for  offences  against  the  United  StateSy  except  in  cases  of 
impeachment. 

The  powers  vested  in  the  President  by  this  and  the  subsequent 
clause,  belong,  from  the  nature  of  them,  to  the  Excutive  branch 
of  government ; and  could  be  placed  in  no  other  hands  with 
propriety. 

So  long  as  laws  cannot  provide  for  every  case  that  may  hap- 
pen : So  long  as  punishments  shall  continue  disproportionate  to 
crimes,  the  power  of  pardoning  should  somewhere  exist.  With 
whom  could  this  power,  so  precious  to  humanity,  be  better  en- 
trusted, than  with  the  President  ? An  officer  who,  from  his  age 
and  experience,  will  seldom  be  misled  in  the  exercise  of  it ; and 
who  less  liable  to  the  influence  of  prejudice  and  passion  than  a 
popular  assembly,  will  most  probably  be  guided  by  discretion  in 
the  use  of  it. 

Why  Govenor  Randolph  should  wish  to  take  from  him  this 
power,  at  least  in  cases  of  treason  ; and  why  he  should  have 
made  a distinction  between  the  power  of  jpardoning  before,  and 
after  conviction  ; I am  at  a loss  to  conceive  ; and  shall  therefore 
attempt  no  further  answer  to  an  objection  which  appears  to  me, 
unsupported  by  reason.* 

* See  Governor  Randolph’s  letter.  He  has  enforced  none  of  his  objections 
with  reasons. 


382  THE  WRITINGS  OF  JAMES  MONROE. 


He  shall  have  power by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  Senators  present 
concur  ; and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  Ambassadors,  other  public  Ministers 
and  Consuls,  Judges  of  the  supreme  Court,  and  all  other  officers  of 
the  United  States,  whose  appointments  are  not  herein  otherivise  pro- 
vided for,  and  which  shall  be  established  by  law.  But  the  Congress 
may,  by  law,  vest  the  appoinbnent  of  such  inferior  officers,  as  they  think 
proper,  in  the  President  alone,  in  the  Courts  of  law,  or  in  the  heads 
of  deparU7ients. 

The  Constitution  has  here  lessened  the  authority  of  the  Presi- 
dent, by  making  the  assent  of  two-thirds  of  the  Senate  necessary 
in  the  important  cases  of  making  treaties,  in  appointing  Ambas- 
sadors, the  Judges  of  the  Supreme  Court,  and  the  great  officers 
of  State. 

Writers  upon  government  have  established  it  as  a maxim, 
that  the  Executive  and  Legislative  authority  should  be  kept 
separate.  But  the  position  should  be  taken  with  considerable 
latitude.  The  Executive  authority  here  given  to  a branch  of  the 
Legislature,  is  no  novelty,  in  free  governments.  In  England,  the 
Executive,  or  Cabinet  Council,  is  taken  indifferently  from  either 
House  of  Parliament.  In  the  States  of  New  York  and  Jersey,  the 
Senate  not  only  act  as  an  Executive  Council,  but  also  form  a part 
of  the  Court  of  Appeals."^ 

The  following  reasons  suggest  themselves  in  support  of  the 
propriety  of  vesting  the  President  and  Senate  with  the  power  of 
making  treaties. 

The  President  is  the  Representative  of  the  Union  : The  Senate 
the  Representatives  of  the  respective  States.  The  objects  of 
treaties  must  always  be  either  of  great  national  import,  or  such 
as  concern  the  States  in  their  individual  capacities  ; but  never 
can  concern  the  individual  members  of  the  State.  Secrecy  and 
dispatch  are  necessary  in  making  them  : For  without  secrecy 
and  dispatch,  they  are  seldom  made  to  purpose.  Hence  arises 
the  impropriety  of  consulting  either  the  Representatives  of  the 


* It  is  to  be  observed,  that  this  is  the  only  instance  where  the  Senate  have  the 
shadow  of  Executive  power. 


APPENDIX. 

383 

people,  or  the  different  States.  If  the  former  were  consulted, 
the  interests  of  the  small  States  might  be  sacrificed  ; if  the  latter, 
almost  insurmountable  obstacles  would  be  thrown  in  the  way  of 
every  negociation. 

In  the  Dutch  Republic  the  States-General  are  obliged  to  con- 
sult their  constituents,  upon  this,  as  upon  every  important  occa- 
sion, however  urgent  may  be  the  necessity.  This  vice  in  their 
Federal  Constitution  has  more  than  once  brought  them  to  the 
brink  of  ruin. 

The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate^  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

This  inoffensive  clause  is  made  a ground  of  objection  by  Gov- 
ernor Randolph  ! I wish  he  had  informed  us  wherefore. 

Sect.  3.  He  shall  from  time  to  time  give  to  the  Congress  informa- 
tion of  the  state  of  the  Union.,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient : He  may  on 
extraordinary  occasions.,  convene  both  Houses.,  or  either  of  them.,  and 
in  case  of  disagreement  betiveen  them.,  with  respect  to  the  time  of  ad- 
lournment.,  he  may  adjourn  them  to  such  time  as  he  shall  think  proper  ; 
He  shall  receive  Ambassadors  and  other  public  Ministers  : He  shall 
take  care  that  the  laws  be  faithfully  executed  ; and  shall  commission 
all  the  ojficers  of  the  United  States. 

The  powers  given  by  this  section  are  such  as  in  all  govern- 
ments, have  always  been,  and  must  necessarily  be,  vested  in  the 
first  magistrate. 

Sect.  4.  The  President.,  Vice-President  and  all  civil  officers  of  the 
United  States.,  shall  be  removed  from  ojffce  07i  impeachment  for.,  and 
conviction  of.,  treason.,  bribe7'y.,  or  other  high  crimes  and  tnisdemeanors. 

The  persons  subject  to  impeachment,  are  the  President,  Vice- 
President,  and  all  civil  officers  of  the  United  States,  and  no  others. 

ARTICLE  III. 

Sect.  I.  The  judicial  Power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court.,  and  in  such  inferior  Courts  as  the  Co7igress 
may  from  time  to  time  ordain  and  establish.  The  fudges.,  both  of 


384 

THE  WRITINGS  OF  JAMES  MONROE. 

the  supreme  and  inferior  Courts^  shall  hold  their  offices  during  good 
behaviour^  and  shall^  at  stated  times^  receive  for  their  services^  a com- 
pensation, which  shall  not  be  dhninished  during  their  continuance  in 
office. 

Sect.  2,  The  judicial  power  shall  extend  to  all  cases,  in  law  a7id 
equity,  arising  under  this  Constitution,  the  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made,  under  their  authority  j 
to  all  cases  affecting  Ambassadors,  other  public  Ministers  and  Consuls  ; 
to  all  cases  of  admiralty  and  maidtime  jurisdiction  j to  controversies 
to  ivhich  the  United  States  shall  be  a party  j to  controversies 
between  two  or  more  States,  between  a State  and  citizens  of  a^iother 
State,  between  citizens  of  different  States,  between  citizens  of  the 
sa7?ie  State  claiming  lands  under  grants  of  different  States,  and  be- 
tween a State  or  the  citizens  thereof,  and  foreign  States,  citizens  or 
subjects. 

In  all  cases  affecting  Ambassadors,  other  public  Ministers  and 
Consuls,  a7id  those  iti  which  a State  shall  be  a party,  the  Supreme  Court 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  77ien- 
tioned,  the  Supre7ne  Court  shall  have  appellate  jurisdiction,  both  as  to 
law  and  fact,  with  such  exceptions,  and  under  such  regulations  as  the 
Congress  shall  7}iake. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury  ; a7id  such  trial  shall  be  held  in  the  State  where  the  said  crimes 
shall  have  been  co7nmitted ; but  when  not  c07nmitted  within  a7iy  State, 
the  trial  shall  be  at  such  place  or  places,  as  the  Congress  7nay  by  law 
have  directed. 

No  part  of  the  Constitution  seems  to  have  been  so  little  under- 
stood, or  so  purposely  misconstrued,  as  this  article.  Its  enemies 
have  mustered  all  their  forces  against  the  Federal  Court  ; and 
have  loudly  sounded  the  trumpet,  for  the  benevolent  purpose  of 
alarming  the  good  people  of  Virginia,  with  the  fears  of  visionary 
danger  and  imaginary  oppression.  They  have  told  them  the  Fed- 
eral Court,  like  Aron’s  rod,  would  swallow  up  all  the  judiciary 
authority  of  the  respective  States.  That  a citizen  of  Virginia 
may  be  forced  to  Philadelphia  for  a debt  of  5I.  although  it  was 
contracted  with  a fellow  citizen  : And,  above  all,  that  the  trial 
by  jury  is  not  preserved.  In  a word,  it  is  the  Federal  Court  that 
is  to  be  made  the  great  instrument  of  tyranny. 


APPENDIX.  385 


These  indeed  would  be  serious  objections  were  they  well 
founded. 

It  is  on  all  hands  admitted,  that  a Federal  Court  is  necessary, 
for  a variety  of  purposes,  and  under  a variety  of  circumstances. 

The  only  question  then  is,  whether  the  enumeration  of  the  cases 
assigned  to  the  Federal  Court,  by  this  article,  is  likely  to  produce 
oppression  ? Or  if  there  be  any  ground  to  apprehend  that  Con- 
gress will  not,  by  law,  provide  a remedy  for  all  probable  hard- 
ships, and  render  the  federal  jurisdiction  convenient  to  every 
part  of  the  United  States  ? 

There  has  been  no  objection  raised  to  the  Federal  Court  hav- 
ing original  jurisdiction,  in  all  cases  respecting  public  Ministers, 
and  where  a State  may  be  a party  : and  these  are  the  only  cases 
wherein  it  has  original  jurisdiction.  In  these  cases,  in  controversies 
between  two  or  more  States,  and  between  a State  and  citizens  of 
another  State,  and  between  citizens  of  the  same  claiming  lands 
under  grants  of  different  States,  the  present  Congress  have  the 
right  of  determining.'^  Here  the  Judiciary  is  blended  in  an 

eminent  degree  with  the  Legislative  authority  ; a strong  reason, 

ly 

among  many  others,  for  new  modeling  that  unskilful  organized 
body.f 

The  Convention  sensible  of  this  defect,  has  wisely  assigned 
the  cognizance  of  these  and  other  controversies  to  a proper 
tribunal,  a Court  of  Law. 

Among  these  controversies,  there  is  but  one  possible  case 
where  a dispute  between  two  citizens  of  the  same  State  can  be 
carried,  even  by  appeal,  to  the  Federal  Court  ; and  that  is,  when 
they  claim  the  same  land  under  grants  from  different  States.  As 
their  title  is  derived  through  States,  this  case  is  precisely  within 
the  reason  which  applies  to  controversies  wherein  two  States 
are  parties. 

Notwithstanding  this,  we  are  told  that  in  the  most  ordinary 
cases,  a citizen  of  Virginia  may  be  dragged  within  the  appellate 
jurisdiction  of  the  Federal  Court,  although  the  transaction  which 

* 9 Article  of  the  Confederation. 

f Under  the  present  Confederation,  every  department  of  government,  is 
lodged  in  the  same  body  ; which  alone  is  a sufficient  reason  for  adopting  a new 
federal  system. 

VOL  I — 25 


386  THE  WRITINGS  OF  JAMES  MONROE. 


gave  rise  to  the  controversy  originated  between  fellow  citizens. 
This,  it  is  said,  may  be  effected,  by  assigning  a bond,  for  instance, 
given  by  one  fellow  citizen  to  another,  either  to  a foreigner  or 
a citizen  of  another  State.  To  this  I answer,  that  such  assign- 
ment would  not  be  attended  with  any  such  consequence  ; because 
it  is  a principle  in  law,  that  the  assignee  stands  in  the  place  of  the 
assignor  ; and  is  neither  in  a better  nor  a worse  condition.  It 
is  likewise  asserted,  that  if  two  citizens  of  the  same  State  claim 
lands  lying  in  a different  State,  that  their  suit  may  be  carried 
to  the  Federal  Court  for  final  determination.  This  assertion  is 
equally  groundless.  For  this  being  a local  action,  it  must  be 
determined  in  the  State  wherein  the  lands  lie. 

And  I repeat  it  again,  because  it  cannot  be  too  often  repeated, 
that  but  one  possible  case  exists,  where  a controversy  between 
citizens  of  the  same  State  can  be  carried  into  the  Federal  Court. 
How  then  is  it  possible  that  the  Federal  Court  can  ever  swallow 
up  the  State  jurisdictions,  or  be  converted  to  the  purposes  of 
oppression. 

Several  reasons  occur  why  the  Federal  Court  should  possess 
an  appellate  jurisdiction  in  controversies  between  foreigners  and 
citizens,  and  between  the  citizens  of  different  States.  A foreigner 
should  have  the  privilege  of  carrying  his  suit  to  the  Federal 
Court,  as  well  for  the  sake  of  justice,  as  from  political  motives. 
Were  he  confined  to  seek  redress  in  the  tribunal  of  that  State, 
wherein  he  received  the  injury,  he  might  not  obtain  it,  from  the 
influence  of  his  adversary  ; and  by  giving  him  this  additional 
and  certain  means  of  obtaining  justice,  foreigners  will  be  en- 
couraged to  trade  with  us,  to  give  us  credit,  and  to  employ  their 

These 

capitals  in  our  country.  The-a  controversies  must  for  the  most 
part  arise  from  commercial  transactions,  by  which  the  bulk  of 
the  people  can  be  seldom  effected.  The  first  part  of  this  reason- 
ing equally  applies  to  controversies  between  citizens  of  different 
States.  Besides,  were  the  jurisdiction  of  the  Federal  Court  not 
coextensive  with  the  government  itself,  as  far  as  foreigners  are 
concerned,  a controversy  between  individuals  might  produce 
a national  quarrel,  which  commencing  in  reprisals,  would  proba- 
bly terminate  in  war.  Suppose  a subject  of  France  or  Great 


AFFENDIX. 


387 


Britain  should  complain  to  the  Minister  residing  at  the  seat 
of  Congress,  that  it  was  impossible  to  obtain  justice  in  a Court 
of  Law,  in  Virginia,  for  instance.  The  minister  represents  the 
matter  to  his  Court.  That  Court  will  apply  to  the  Congress, 
not  to  the  individual  State,  for  redress.  Congress  replies,  “ we 
lament  that  it  is  not  in  our  power  to  remedy  the  evil  ; but  we 
have  no  authority  over  the  jurisprudence  of  the  State.”  Is 
it  probable  that  such  an  answer  will  be  satisfactory  to  powerful 
nations  ? Will  they  not  say  “ we  must  take  that  redress  by  force 
which  your  feeble  government  denies  us?  We  are  under  the 
necessity  of  seizing  American  property  wherever  we  can  lay  our 
hands  upon  it,  till  the  just  demands  of  our  subjects  are  satisfied.” 

Those  objectors  who  are  so  much  alarmed  for  the  trial  by 
jury,  seem  little  acquainted  either  with  the  origin  or  use  of  that 
celebrated  mode  of  trial. 

I WILL  take  leave  to  inform  them,  that  by  our  laws  a variety  of 
important  causes  are  daily  determined  without  the  intervention  of 
a jury,  not  only  in  the  Court  of  Chancery,  but  in  those  of  common 
law  ; and  that  by  several  of  our  Acts  of  Assembly,  the  General 
Court  has  a power  of  assessing  fines  as  high  as  500I.  for  incon- 
siderable delinquencies,  without  the  intervention  of  a jury,  even  to 
find  the  fact. 

As  I have  before  observed,  these  causes  will  be  from  the  nature 
of  things,  generally  mercantile  disputes  ; must  be  matters  of  ac- 
count, which  will  be  referred  to  commissioners,  as  is  the  practice 
of  all  common  law  Courts  in  similar  cases.  Whenever  it  may  be 
necessary  that  the  facts  should  be  stated,  no  doubt  they  will  be 
found  by  a jury  of  the  State,  from  whence  the  cause  is  carried  ; 
and  will  be  made  a part  of  the  record. 

In  criminal  cases,  the  trial  by  jury  is  most  important.  In 
criminal  cases  the  Constitution  has  established  it  unequivocally. 
But  in  having  only  recognized  this  trial  in  criminal,  it  by  no 
means  follows  that  it  takes  it  away  in  civil  cases  : And  we  may 
fairly  presume,  that  by  the  law  which  the  Congress  will  make  to 
compleat  the  system  of  the  Federal  Court,  it  will  be  introduced, 
as  far  as  it  shall  be  found  practicable,  and  applicable  to  such  con- 
troversies as  from  their  nature  are  subjects  proper  to  be  deter- 
mined in  that  Court. 


388  THE  WRITINGS  OF  JAMES  MONROE. 


All  civilized  societies  have  found  it  necessary  to  punish  a 
variety  of  offences,  with  the  loss  of  life.  The  life  of  man  is  a se- 
rious forfeiture  : Our  law  has  therefore  humanely  and  justly  said^ 
that  it  shall  not  be  affected,  but  by  the  unanimous  opinion  of 
twelve  men.  In  a political  view,  this  mode  of  trial,  in  State  pros- 
ecutions, is  of  still  greater  importance.  The  Chief  Magistrate,  or 
the  Legislature  itself,  of  a republic,  is  as  liable  to  personal  preju- 
dice, and  to  passion,  as  any  King  in  Europe ; and  might  prose- 
cute a bold  writer,  or  any  other  person,  who  had  become  obnoxious 
to  their  resentment,  with  as  much  violence  and  rigour.  What  so 
admirable  a barrier  to  defend  the  innocent,  and  protect  the  weak 
from  the  attacks  of  power,  as  the  interposition  of  a jury  ? In  this 
respect,  the  trial  by  jury  may  well  be  called  the  palladium  of 
liberty. 

The  framers  of  the  Constitution  viewing  it  in  this  light,  al- 
though it  was  impossible  to  enter  minutely  into  the  subject  of  the 
Federal  Court,  and  arrange  it  fully,  took  care  to  declare  that,  in 
criminal  cases,  the  trial  by  jury  should  be  preserved,  lest  we 
should  have  had  some  ground  of  uneasiness  upon  that  important 
point. 

I MUST  farther  observe,  that  the  Federal  Court  has  no  jurisdic- 
tion over  any  offences  except  such  as  are  against  the  Union  : And 
the  criminal  is  to  be  tried  in  the  State  where  the  fact  is  com- 
mitted. 

It  is  asked,  why  has  not  the  Constitution  more  accurately  de- 
fined the  jurisdiction  of  the  Federal  Court,  more  clearly  ascer- 
tained its  limits,  and  more  fully  pointed  out  the  modes  of  trial  ? 

To  this  it  may  be  answered,  that  the  out-lines  of  the  piece  are 
traced  with  sufficient  accuracy  : That  to  have  entered  minutely 

in 

into  this  subject,  to  have  filled  it  with  all  its  parts,  would  have 
employed  almost  as  much  time  as  framing  the  Constitution  itself, 
and  would  have  spun  out  the  work  to  a tedious  length.  In  that 
case  the  Convention  must  have  ascertained  the  number  of  inferior 
Courts  necessary,  the  number  of  Judges,  and  other  officers,  with 
their  salaries,  the  times  of  holding  the  Federal  Courts,  the  dura- 
tion of  their  terms  ; in  what  cases  the  trial  shall  be  by  jury,  in  what 
not,  with  an  infinite  variety  of  circumstances,  the  introduction  of 


APPENDIX. 

389 

which  in  a system  of  government,  would  have  made  a strange  ap- 
pearance. They  therefore  properly  left  to  the  Congress  the  power 
of  organizing  by  law  the  Federal  Court  : Well  knowing  that  at 
least  eight  of  the  States  must,  from  their  local  situation,  concur 
in  rendering  it  convenient  to  the  whole."^ 

Sect.  3.  Treason  against  the  United  States,  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless  07t  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  Court. 

The  Congress  shall  have  power  to  declare' the  punish7fient  of  trea- 
son, but  no  attainder  of  treason  shall  work  corruption  of  blood,  or 
forfeiture,  except  during  the  life  of  the  person  attamted. 

This  section  is  equally  humane  and  just. 

ARTICLE  IV. 

Sect.  I.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State. 
And  the  Congress  7nay  by  general  laws  prescribe  the  77ianner  in  which 
such  acts,  records,  and proceeding  shall  be  proved,  and  the  effect  there- 

of- 

Sect.  2.  The  citizens  of  each  State  shall  be  entitled  to  all  privi- 
leges and  hnmimities  of  citizens  in  the  several  States. 

A person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall,  on  demand  of  the  executive  authority  of  the  State  fro7n  which 
he  fled,  be  delivered  up  to  be  removed  to  the  State  having  jurisdiction 
of  the  crime. 

No  person  held  to  service  or  labour  hi  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  fro7n  such  service  or  labour,  but 
shall  be  delivered  up  on  claiin  of  the  party  to  who77i  such  service  or 
labour  may  be  due. 

* The  four  eastern  States,  and  the  four  southern,  being  at  a great  distance 
from  the  center,  will  necessarily  concur  in  making  the  Federal  Court  as  con- 
venient as  possible  ; And  therefore  appeals  to  the  Supreme  Court  will  be 
allowed  only  in  cases  of  great  consequence. 


390  THE  WRITINGS  OF  JAMES  MONROE. 


The  convenience,  justice,  and  utility,  of  these  sections,  are 
obvious. 

At  present,  slaves  absconding  and  going  into  some  of  the 
northern  States,  may  thereby  effect  their  freedom  : But  under 
the  Federal  Constitution  they  will  be  delivered  up  to  the  lawful 
proprietor. 

Sect.  3.  New  States  may  be  aFnitted  by  the  Congress  into  this 
Union;  but  no  new  State  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  State  ; nor  any  State  be  formed  by  the 
junction  of  two  or  more  States,  or  parts  of  States,  without  the  con- 
sent of  the  Legislatures  of  the  States  concerned  as  well  as  of  the 
Congress. 

The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property  be- 
longing to  the  United  States  ; and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  prejudice  any  Claims  of  the  United  States,  or 
of  any  particular  State. 

Upon  this  section  I shall  only  observe,  that  illiberal  and 
groundless  prejudices  against  the  northern  States  too  generally 
prevail  in  this  country.  Hence  the  unwarranted  jealousy  of  the 
politics  of  those  States.  But  were  they  well  founded,  the  powers 
given  under  this  section  will  manifestly  tend  to  allay  our  fears  of 
a northern  combination.  For  as  the  greater  portion  of  those 
immense  tracts  of  fertile  land  which  remain  uninhabited,  or  but 
thinly  settled,  and  which  are  yet  to  be  divided  into  new  govern- 
ments, lie  on  the  south  western  boundary  ; the  southern  interest 
will  be  strengthened  by  the  Representatives  of  the  new  States. 
Would  we  could  forget  our  provincial  prejudices,  and  consider 
ourselves  as  citizens  of  America  ! * 

Sect.  4.  The  United  States  shall  guarantee  to  every  State  in  the 
Union  a republican  form  of  government,  and  shall  protect  each  of 
them  against  invasion  ; and  on  application  of  the  Legislature,  or  of 

* The  vulgar  in  Massachusetts  believe,  that  the  practice  of  gouging  in 
Virginia  is  so  common,  that  half  of  its  inhabitants  have  but  one  eye.  This 
opinion  is  on  a level  with  a declaration  of  a gentleman  high  in  office,  in  this 
country,  who  declared  himself  against  the  Federal  Government,  because  the 
eastern  people  were  all  rogues. 


APPENDIX. 


391 


the  Excutive  {when  the  Legislature  cannot  be  convened)  against 
domestic  violence. 

This  is  an  additional  proof  of  the  caution  of  the  framers  of 
the  Constitution,  and  how  distant  their  views  must  have  been 
from  the  design  of  introducing  and  establishing  an  arbitrary 
government. 

ARTICLE  V. 

The  Congress^  whenever  two-thirds  of  both  Houses  shall  deem  it 
necessary.,  shall  propose  amendments  to  this  Constitution.,  or.,  on  the 
application  of  the  Legislatures  of  two-thirds  of  the  several  States,  shall 
call  a Convention  for  proposmg  amendments.,  which.,  m either  case., 
shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution, 
when  ratified  by  the  Legislatures  of  three  fourths  of  the  several 
States,  or  by  Conventions  in  three- fourths  thereof,  as  the  one  or  the 
other  mode  of  ratification  may  be  proposed  by  the  Congress  ; Pro- 
vided that  710  a77ie7idment  which  ?7iay  be  fnade  prior  to  the  year  one 
thousand  eight  hundred  and  eight,  shall  m ariy  ma7iner  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first  article  j and 
that  no  State,  without  its  consent,  shall  be  deprived  of  its  equal  suffrage 
in  the  Senate. 

All  human  productions  must  partake  of  imperfection.  The 
members  of  the  Convention  did  not  pretend  to  infallibility  : 
They  considered  that  experience  might  bring  to  light  inconven- 
iences which  human  wisdom  could  not  foresee — And  this  article 
wisely  provides  for  amendments,  the  necessity  of  which  time  may 
discover. 

There  is  not  an  article  of  the  Constitution  that  deserves 
greater  praise  than  this.  The  Convention  sensible  that  they  could 
not  foresee  every  contingency,  and  guard  against  every  possible 
inconvenience : Sensible  that  new  circumstances  might  arise, 
which  would  render  alterations  in  the  government  necessary  ; 
have  declared  that  whenever  two-thirds  of  both  Houses  of  Con- 
gress, or  two-thirds  of  the  State  Legislatures,  shall  concur  in 
deeming  amendments  necessary,  a general  Convention  shall  be 
appointed,  the  result  of  which,  when  ratified  by  three-fourths  of 
the  Legislatures,  shall  become  a part  of  the  Federal  Government. 


392  THE  WRITINGS  OF  JAMES  MONROE- 


I CONFESS  myself  at  a loss  to  conceive  what  better  mode  could 
have  been  adopted.  If  the  system  be  reduced  to  practice,  and 
experience  shall  discover  important  defects,  there  can  be  no  doubt 
but  that  two-thirds  of  Congress  will  be  sensible  to  them,  and  will 
point  them  out  to  the  different  Legislatures.  On  the  other  hand, 
it  is  equally  certain,  that  if  the  defects  be  flagrant,  they  will  be 
readily  seen  by  two-thirds  of  the  Legislatures,  and  a Convention 
will  necessarily  be  the  consequence  : Nor  is  there  any  cause  to 
apprehend,  that  the  result  of  such  Convention,  will  be  rejected 
by  one-fourth  of  the  States  : Since  all  the  States  must  feel  the  in- 
convenience of  important  defects. 

But,  say  the  friends  to  previous  amendments,  friends,  as  many 
of  them  pretend  even  to  an  energetic  Federal  Government,*  why  not 
amend  the  Constitution  before  it  is  adopted  ? To  this  it  may  be 
answered,  that  they  should  first  demonstrate  their  objections  to  be 
well  founded  ; and  that  their  proposed  amendments,  if  they  can 
be  said  to  have  offered  any,  would  make  it  better.  I am  inclined 
to  think,  that  neither  Mr.  Gerry’s,  Mr.  Mason’s,  nor  Governor 
Randolph’s,  would.  Upon  this  occasion  I hope  I shall  be  ex- 
cused for  recommending  to  those  gentlemen,  as  well  as  to  other 
objectors,  Dr.  Franklin’s  last  speech  in  the  Convention,  which 
is  replete  with  good  sense,  as  well  as  a marked  deference  for  the 
opinions  of  others.  If  the  objections  of  these  gentlemen  be 
groundless,  the  Constitution  needs  no  amendment  ; if  they  be 
not,  it  cannot  be  amended  in  the  manner  they  propose.  Mr. 
Mason,  Mr.  Randolph,  the  State  of  Virginia,  raise  objections  : 
Mr.  Gerry,  and  the  State  of  Massachusetts,  do  the  same  : Every 
other  citizen,  every  other  State,  has  an  equal  right.  A new  Con- 
vention is  formed,  the  proposed  plan  is  amended,  or  a new  one 
produced.  It  is  again  presented  to  the  public  eye.  New  blem- 
ishes appear  ; new  amendments  are  thought  necessary.  That 
which  Mr.  Mason  may  think  a perfection,  another  may  think  a 
fault  : What  would  be  agreeable  to  Massachusetts,  might  displease 
Virginia.  In  a word  there  would  be  no  end  to  objections,  amend- 
ments, and  Conventions.  All  federal  government  falls  to  the 
ground.  Anarchy  ensues,  and  produces  convulsions,  which  inev- 
itably end  in  despotism. 

*See  Mr.  Gerry’s,  Mr.  Mason’s,  and  Governor  Randolph’s  objections. 


APPENDIX. 

393 

ARTICLE  VI. 

All  debts  contracted  and  engagements  entered  into  before  the 
adoption  of  this  Constitution.,  shall  be  as  valid  against  the  United 
States  under  this  Constitutioii,  as  under  the  Confederation. 

This  Constitution,  and  the  laivs  of  the  United  States  which  shall 
be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall  be  the  su- 
preme law  of  the  land ; and  the  fpudges  in  every  State  shall  be 
bound  thereby,  any  thing  in  the  Constitution  or  laws  of  any  State,  to 
the  contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the  Mem- 
bers of  the  several  State  Legislatures,  and  all  executive  and  judicial 
officers,  both  of  the  United  States  and  of  the  several  States,  shall  be 
bound  by  oath  or  affirination,  to  support  this  Constitution  ; but  no  re- 
ligious test  shall  ever  be  required  as  a qualification  to  any  office  or 
public  trust  under  the  United  States. 

That  treaties  should  be  the  supreme  law  of  the  land  is  warmly- 
opposed  by  the  enemies  of  the  Constitution.  This  power,  say 
they,  may  be  converted  to  the  most  arbitrary  and  destructive  pur- 
poses. 

Treaties  ought  of  right  to  be  considered  in  the  light,  that  the 
Convention  has  here  viewed  them.  For  why  should  they  be 
made,  if  due  obedience  is  not  to  be  paid  them  ? The  negative 
can  only  be  supported  by  those  who  feel  it  their  interest,  that  they 
should  be  disregarded. 

The  objects  of  government  are  protection  and  security  : Many 
national  circumstances  may  arise  wherein  these  objects  cannot  be 
effected,  without  the  observance  of  treaties. 

When  we  consider  who  it  is  that  has  the  power  of  making 
treaties,  the  manner  of  his  election,  the  checks  that  the  Constitu- 
tion has  interposed  to  guard  against  his  possible  abuse  of  power, 
among  which  his  liability  to  impeachment  is  not  the  least : When 
we  consider  the  subject  matter  of  treaties  are  always  of  national 
import,  and  cannot  affect  the  interests  of  individuals,  we  have  no 
reason  to  fear  that  they  will  be  made  improvidently,  or  converted 
into  instruments  of  oppression  : They  may  be  unwise,  but  can 
never  be  intentionally  wicked. 


394  the  writings  OF  JAMES  MONROE. 


This,  like  every  other  article  of  the  Constitution,  was  the  sub- 
ject of  long  and  serious  deliberation  ; and  it  was  ultimately  and 
rightly  determined,  that  as  the  power  of  making  treaties  was  nec- 
essary, it  could  no  where  so  properly,  or  so  safely  be  placed  for 
the  interests  of  the  Union  as  in  the  hands  of  the  President : And 
if  when  made  they  were  not  to  have  the  effect  of  law,  the  power 
of  making  them  would  be  nugatory. 

The  following  passage  from  Blackstone’s  Commentaries,  will 
tend  to  illustrate  this  subject.  “ It  is  also,”  says  that  elegant 
commentator,  “the  King’s  prerogative  to  make  treaties,  leagues, 
“and  alliances,  with  foreign  States  and  Princes.  For  it  is  by  the 
“ law  of  nations  essential  to  the  goodness  of  a league,  that  it  be 
“ made  by  the  sovereign  power,  and  that  it  is  binding  upon  the 
“ whole  community  : And  in  England  the  sovereign  power,  quod 
“hoc,  is  vested  in  the  person  of  the  King.  Whatever  contracts 
“ therefore  he  engages  in,  no  other  person  in  the  kingdom  can 
“ legally  delay,  resist,  or  annul.  And  yet  lest  this  plentitude  of 
“ authority  should  be  abused,  to  the  detriment  of  the  public,  the 
“ Constitution  (as  was  hinted  before)  has'  here  interposed  a check 
“by  means  of  parliamentary  impeachment,  for  the  punishment  of 
“ such  Ministers,  as  from  criminal  motives  advise  or  conclude  any 
“treaty,  which  shall  afterwards  be  judged  to  derogate  from  the 
“honor and  interest  of  the  nation.”  i Bl.  p.  257.  I might  cite  all 
the  political  writers  in  support  of  the  general  doctrine  here  laid 
down.  The  Convention  considered  it  just.  They  saw  the  neces- 
sity of  entrusting  the  power  to  the  President ; but  they  also  knew 
that  in  this,  as  in  every  other  exercise  of  power,  he  is  the  Minister 
of  the  people  ; and  that  whenever  in  making  a treaty  he  shall  be 
governed  by  corrupt  motives,  he  will  be  liable  to  impeachment. 

Having  thus  gone  through  the  different  articles  of  the  Consti- 
tution, I will  now  endeavour  to  answer  two  other  objections  that 
have  been  made  to  it.  The  first  is,  “ that  the  liberty  of  the  press 
is  not  secured.”  The  second,  “that  it  will  annihilate  the  inde- 
pendence of  the  different  States.” 

On  the  first  objection  I shall  only  observe,  that  as  the  Congress 
can  claim  the  exercise  of  no  right  which  is  not  expressly  given 
them  by  this  Constitution  ; they  will  have  no  power  to  restrain 
the  press  in  any  of  the  States  ; and  therefore  it  would  have  been 


APPENDIX. 


395 


improper  to  have  taken  any  notice  of  it.  The  article  respecting 
the  habeus  corpus  act  corroborates  this  doctrine.  The  Conven- 
tion were  sensible  that  a federal  government  would  no  more  have 
the  right  of  suspending  that  useless  law,  without  the  consent  of 
the  States,  than  that  of  restraining  the  liberty  of  the  press  : But 
at  the  same  time  they  knew  that  circumstances  might  arise  to 
render  necessary  the  suspension  of  the  habeus  corpus  act,  and 
therefore  they  require  of  the  States,  that  they  will  vest  them  with 
that  power,  whenever  those  circumstances  shall  exist.  But  they 
also  knew,  that  no  circumstances  could  make  it  necessary  that  the 
liberty  of  the  press  should  be  entrusted  to  them,  and  therefore 
they  judged  it  impertinent  to  introduce  the  subject.  But  still 
there  are  fears  for  the  district  which  may  become  the  seat  of 
Congress,  and  which  may  be  ten  miles  square. 

Can  it  be  for  a moment  supposed,  that  Congress  will  not  pre- 
serve the  liberty  of  the  press  in  the  government  of  that  district  ? 
Or  that  there  exist  American  citizens  so  lost  to  a sense  of  liberty, 
as  to  reside  under  a government  where  it  shall  be  taken  away.* 

As  to  the  other  objection,  I will  admit,  that  by  this  Constitu- 
tion, the  several  States  will  be  abridged  of  some  of  their  powers  : 
but  of  no  more  than  are  necessary  to  make  a strong  federal  gov- 
ernment. Sufficient  still  remains  with  the  State  Legislatures  to 
preserve  the  quiet,  liberty,  and  welfare,  of  their  citizens.  To 
them  is  left  the  whole  domestic  government  of  the  States  ; they 
may  still  regulate  the  rules  of  property,  the  rights  of  persons, 
everything  that  relates  to  their  internal  police,  and  whatever  ef- 
fects neither  foreign  affairs  nor  the  rights  of  the  other  States. 
Powers  weighty  enough  to  be  entrusted  to  most  men  ; and  which 
good  and  modest  men  would  think  sufficient  to  be  entrusted  to 
them.  Besides  we  should  remember  that  every  State  has  its  pro- 
portionate share  in  the  national  government ; and  that  the  Con- 
stitution has  not  only  guaranteed  to  them  a republican  form,  but 
has  made  their  independence  necessary  to  its  own  existence. 

The  adoption  of  this  government  will  not  only  preserve  our 
Union,  and  thereby  secure  our  internal  happiness  ; but  will  re- 

* It  is  to  be  observed,  that  the  consent  of  the  State  where  this  district  shall 
lie,  must  be  obtained  by  the  Congress  ; And  the_,  State  may  stipulate  the  terms 
of  the  cession. 


396  THE  WRITINGS  OF  JAMES  MONROE. 


store  that  confidence  and  respectability  abroad,  which  have  been 
lost  since  the  days  of  Saratoga  and  York.  The  firm  confedera- 
tion of  thirteen  States,  inhabiting  a fertile  soil,  and  growing 
rapidly  in  population  and  strength,  will  give  them  an  importance 
in  the  world,  which  they  can  never  acquire  when  disunited  : And 
we  are  assured  from  the  best  authority,  that  the  link  of  the  pres- 
ent Union  is  but  a thread.  An  energetic  government  will  give  a 
spring  to  everything.  New  life  will  be  infused  throughout  the 
American  system.  Our  credit  will  be  restored  ; because  the  pro- 
posed Constitution  at  the  same  time  that  it  will  give  us  vigour, 
will  inspire  foreign  nations  with  a confidence  in  us.  The  resto- 
ration of  credit,  will  be  the  revival  of  commerce.  The  sound  of 
the  hammer  will  be  again  heard  in  our  ports.  The  ocean  will 
once  more  be  covered  with  our  ships,  and  the  flag  of  the  United 
States  be  respected  by  the  nations. 

But  once  disunited,  these  bright  prospects  immediately  vanish  : 
Our  western  hemisphere  is  clouded  over  ; and  destructive  storms 
arise.  Our  inactivity  and  torpor  produced  by  the  relaxation  of 
our  laws  will  become  inveterate,  unless  our  internal  quarrels  shall 
rouse  us  into  action  ; the  seeds  of  which  have  been  long  sown, 
and  disunion  will  make  the  harvest  plentiful.  Massachusetts  and 
New-Hampshire  have  more  than  a pretext  of  quarrel  in  their  pre- 
tensions to  the  province  of  Main  ; and  their  mutual  interference 
in  the  fisheries  will  serve  to  increase  the  dispute.  Connecticut 
and  New-York  may  revive  their  old  quarrel  respecting  boundaries. 
Pennsylvania  will  not  forget  that  the  territory  of  Delaware  was 
once  united  to  her  ; and  will  probably  cast  thither  a longing  eye. 
Maryland  and  Virginia  may  dispute  the  right  to  the  shores  of 
Potowmack,  and  the  latter  may  readily  revive  with  Pennsylvania, 

aries 

the  old  dispute  respecting  the  northern  boundiftgs-:  A dispute 
which  terminated  unfavourably  to  Virginia,  and  which  from  the 
peculiarity  of  it,  was  diflicult  to  settle.  When  to  such  causes  of 
dissention,  we  add  the  commercial  regulations  of  the  individual 
States,  the  ambitious  views  of  their  leaders,  and  the  ill-grounded, 
though  rooted,  prejudices  of  the  whole,  have  we  not  abundant 
reason  to  fear  the  most  serious  calamities  from  a disunion  ? Then 
will  open  a new  scene  in  America  ; the  sword  is  then  drawn  not 


APPENDIX. 

397 

against  foreign  foes,  but  against  each  other  : The  sword  is  then 
drawn  never  to  be  sheathed,  till  some  State  more  powerful  or 
more  fortunate  than  the  rest,  shall  subjugate  the  whole. 

Examine  then,  my  countrymen,  dispassionately  the  proposed 
plan  of  federal  government,  and  you  will  find  that  so  far  from 
being  full  of  defects,  it  is  a system  well  calculated  to  preserve  the 
liberty,  and  ensure  the  happiness  of  America  ; and  that  it  reflects 
additional  honor  on  the  names  of  a Dickenson,  a Franklin,  and  a 
Washington.*  You  can  not  for  a moment  suppose  that  such  men 
would  deceive  you  ! If  human  nature  were  capable  of  falling  at 
once  from  the  height  of  virtue  to  the  depth  of  depravity  ; even 
then  you  were  safe — for  they  could  construct  no  government 
which  would  oppress  you,  that  would  not  equally  oppress  them- 
selves, and  their  posterity. 


NOTE— 

I INTENDED  to  have  subjoined  some  observations  upon  Mr. 
Lee’s  letter  to  Governor  Randolph  ; but  finding  that  this 
manner  of  treating  the  subject  has  carried  me  farther  than 
I expected,  and  that  answers  to  most  of  that  gentleman’s  objec- 
tions have  arisen  naturally  out  of  the  different  articles  of  the 
Constitution,  I have  declined  it,  for  fear  lest  the  length  of  the 
performance  might  become  fatiguing.  For  however  important 
such  a subject  may  be  to  mankind  ; few  have  the  art  of  treating 
political  disquisitions  in  such  a manner  as  to  interest  the  majority 
of  readers.  I will  however,  in  this  place,  observe,  that  Mr.  Lee, 
to  whose  mellifluous  tongue,  I have  often  listened  with  pleasure, 
and  who  may  be  said  to  have  grown  old  in  politics,  must  have 
written  that  letter  in  the  heat  of  his  zeal,  before  he  had  well  con- 
sidered the  proposed  system  of -federal  government  ; or  he  never 
could  have  talked  of  the  rags  and  threads  of  representation,  or 
laid  himself  so  open  to  attack  in  every  quarter.  Mr.  Lee,  like 
most  other  enemies  of  the  Constitution,  objects  without  pointing 

* I might  have  mentioned  the  names  of  a Madison,  a Blair,  a Hamilton,  a 
Johnson,  a King,  a Rutledge.  I acknowledge  the  abilities  of  Mr.  Mason  and 
Governor  Randolph  ; but  let  it  not  be  forgotten,  that  at  the  close  of  the  Con- 
vention, there  were  but  three  dissenting  voices. 


398  THE  WRITINGS  OF  JAMES  MONROE. 


out  the  alterations  that  would  improve  it ; asserts  rather  than  ar- 
gues : An  infallible  mark  of  a bad  cause.  Mr.  Gerry’s  and  Mr. 
Mason’s  objections  take  up  but  a small  compass  : But  neither  of 
these  gentlemen  has  deigned  to  give  us  anything  like  argu- 
ment in  support  of  his  objections.  Mr.  Randolph  has  said  much 
to  point  out  the  necessity  of  an  energetic  federal  government  ; 
but  nothing  to  prove  that  his  proposed  amendments  are  founded 
in  reason.  And  Mr.  Lee  would  have  the  government  wholly  new 
modelled  to  please  himself.  I suspect  some  of  these  gentlemen 
have  upon  this  occasion  too  much  resembled  Dr.  Franklin’s 
French  lady.  I would  ask  Mr.  Lee  what  advantage  would  result 
from  a numerous  representation  in  a federal  Congress  ? If  the 
numbers  in  America  are  not  greatly  exaggerated,  one  member  for 
every  30,000  will  make  the  House  of  Representatives  to  consist  of 
an  100  ; which  number  will  be  increased  every  ten  years.  Has  not 
Mr.  Lee’s  experience  in  public  affairs  taught  him  that  even  that 
is  a number  too  large  to  transact  business  with  facility  ? But  let 
the  number  of  that  House  be  relatively  great  or  small,  it  can  in 
no  sense  be  a rag  or  part  of  a representation.  That  House  stands, 
as  to  federal  purposes,  in  the  place  of  the  citizens  of  the  thirteen 
States,  and  possesses  all  the  powers  conceded  to  it  by  the  citizens 
of  those  States,  consequently  ten  persons  would  be  as  much  a rep- 
resentation as  an  hundred.  Had  Mr.  Lee  considered  this  govern- 
ment as  intended  for  thirteen  different  States  ; had  he  considered 
that  the  powers  vested  in  the  Congress  are  merely  national,  that  is 
such  as  respect  America  in  its  relative  situation  with  foreign  na- 
tions, or  such  as  respect  the  relative  situation  of  the  States  in  their 
individual  capacities  ; and  that  the  States  still  retain  the  most 
important  part  of  their  rights,  in  as  much  as  the  right  of  Legisla- 
tion in  domestic  cases,  is  of  much  greater  consequence  than  in 
foreign,  I think  he  never  would  have  made  the  observation. 

I CONFESS  that  for  some  time  I viewed  some  parts  of  the  Con- 
stitution in  the  light  Mr.  Lee  and  some  others  have  done,  I at 
first  conceived  that  the  Senators  were  liable  to  impeachment ; 
and  that  some  mischief  might  arise  from  treaties  of  peace  being 
made  the  law  of  the  land.  But  after  mature  deliberation,  I was 
convinced  that  I was  mistaken  in  the  former,  and  that  the  Con- 
stitution is  right  in  the  latter. 


APPENDIX. 


399 


The  foregoing  little  piece  was  intended  to  counteract  the  mis- 
representations of  the  proposed  Federal  Government,  which  the 
antifederalists  have  most  industriously  disseminated  in  the  south- 
ern counties.  The  writer  had  no  idea  of  publishing  anything 
upon  the  subject  of  the  Constitution,  till  a visit  he  made  to  one 
of  those  counties,  where  at  the  desire  of  his  friend,  he  was  in- 
duced to  write  in  haste  the  pamphlet  now  offered  to  the  public. 
It  was  to  have  been  published  time  enough  to  be  dispersed  before 
the  elections,  but  the  Printer  found  it  impossible  to  deliver  it  in 
time.  The  primary  intention  being  thus  defeated,  it  would  not 
have  been  published  at  all,  had  it  not  been  put  into  the  press  at 
the  time  stipulated.  The  writer  had  neither  Mr.  Mason’s,  Mr. 
Gerry’s,  nor  Mr.  Lee’s  objections  by  him  : This  it  is  hoped  will 
be  a sufficient  apology  for  its  inaccuracies,  as  far  as  their  objec- 
tions have  been  taken  notice  of.  He  takes  this  opportunity  of 
observing,  that  perhaps  he,  and  not  Governor  Randolph,  is  mis- 
taken as  to  the  impeachability  of  the  Senate  : He  acknowledges 
that  he  has  never  conversed  with  any  member  of  the  late  Con- 
vention upon  the  subject,  though  he  still  thinks  that  the  argu- 
ments he  has  used  are  sufficiently  strong  to  prove  that  the  Senators 
neither  are  nor  ought  to  be  impeachable.  He  does  not  pretend 
to  have  gone  fully  into  the  objections  which  have  been  raised  to 
the  government  : His  design  was  to  obviate  only  the  most  popu- 
lar, and  in  a manner  as  popular  as  he  was  able. 


END  OF  VOLUME  I. 


ERRATA/ 


Page  4 [351], 

Line  22  [ 7],  dele  the 

— [351], 

24  [ 9],  for  modify  read  new -model 

6 [353]. 

28  [ i],  for  distinction  read  definition 

9 [354], 

7 [36],  for  contract  read  compact 

15  [359], 

2 [22],  dele  ones 

21  [364], 

3 [23],  iQX prescribe  read  preserve 

22  [365!, 

17  [31],  for  prove  read  proves 

23  L366], 

16  [2t]_,  add  before  perquisites^  no 

— [366], 

the  last,  [34],  for  subjects  read  citizens 

25  [367], 

10  [32],  for  their  read  there 

- [36«], 

14  [ 5],  for  to  read  for 

26  [368], 

13  [36],  for  not  read  no7v 

27  [370], 

20  [ 6],  for  trouble  read  labor 

30  [372], 

22  [12],  for  raising  read  ruining 

47  [385], 

4 [20],  for  unskilful  read  unskilfully 

48  [386], 

21  [29],  for  then  read  these 

SI  I388], 

7 [30],  for  with  read  in 

61  [396], 

13  LsoJj  for  boundings  Tea.d  boundaries 

^ In  the  copy  of  the  pamphlet  from  which  these  “observations  ...  by 
a Native  of  Virginia  ” are  reprinted,  the  Errata  are  indicated  by  changes  made 
in  the  body  of  that  copy  with  the  pen  (as  here  indicated  by  the  small  type). 
The  table  of  Errata  is  here  given,  however,  as  an  aid  to  the  identification  of 
other  copies  to  which,  at  present,  there  is  no  clue. 


400 


